chance
Hi
I am reaching out to see what I can do. Our UPS driver came in our home while we were gone without permission. He left packages inside on our steps to the kitchen about. 6pm according to tracking. We got home later than we expected to. @9:15pm. And when we came in thought was weird the packages were inside ...but once we got to kitchen found our yellow lab. Having severe difficulty breathing and his eyes were watering,squinting, and bloodshot!! We took him outside to get fresh air and try to calm him down and start to catch his breath...then wiped his face for almost an hour will cold cloths trying to get whatever was on him off. He was crying and moaning once he could breath. We think he was pepper sprayed IN our house
I called the on call vet which told us to do what we were doing and watch him thru the night and the next few days. Tis happened on fri night......he was super clingy and couldn't keep eyes open...lethargic... But seemed to b breathing ok. Monday morning I noticed he was bumping into things...when I looked at his eyes they were completely white like an old dog......rushed him to the vet....he ran a bunch of tests..said he was blind. Sent me to a specialist 3hrs away......his eyesight is getting better with numerous medications and eye drops...not allowed in sun or cold.....will have to keep up treatment for a few more weeks before we can tell the permanent damage. He is only 5 and He is also a service dog. And now there is a serious question if he will b able to continue this once he is better. ESP around men. The sheriff is involved and ups supervisor initially offered to pay get bills but now can't get N answer from anyone.
We would like to know our rights....it infuriates us that he was in his home. And this happened to him....plus the fact that the driver did not let someone know what he had done so the dog could receive medical attention.....the dog was by himself for a few hours not knowing what had happend and thank goodness didn't stop breathing or fall down the stairs.
Of course the driver is denying that he did anything....and has lied about what happened. Said he rang our doorbell...we dont have one....that he never heard or saw a dog....we have 2 labs. One was in her crate and the other was the one he had the run in with. Said he left the pckgs at front door...were at the back.....and that he was just putting them out of the weather..but he didn't put my neighbors inside" who lives right next door..
Any insight or suggestions you can give us would greatly be appreciated!
In nebraska according to the UPS supervisor the drivers ARE allowed to carry spray.
Answer
Off-hand, I see several problems with your story.
First, if no one was home, how did anyone gain access to your kitchen to leave a package? Why wasn't the door locked? Generally speaking, any delivery person will try to find the closest, covered spot to leave a package. The faster they can leave the package, the faster they can move to the next stop, and be done with their route.
Second, are you SURE your dog was pepper-sprayed? Is there any chance he may have come into contact with a chemical or other substance in the house? If you have two dogs, and they were both in the house, was there any harm to the other one? As dogs are pack animals, and respond to signs of distress from a member of the pack, it would be expected that the second dog would have come to aid the first dog and would have been sprayed as well.
Third, did any (human) notice signs of pepper spray when they arrived home? I had a container of pepper spray that accidentally leaked on my gloves one time. I threw the pepper spray out, left my gloves in the car, and a friend and I who were going out to dinner were coughing and our eyes were watering. It wasn't as bad, but we still had symptoms when we returned to the car after dinner. If pepper spray was discharged in the house, humans would have likely noticed.
Fourth, even if the dog was pepper-sprayed, how can you be sure that it was the UPS driver who did it? If it was that easy to gain access to your home, it could have just as easily been neighborhood kids who were causing trouble.
Fifth, if the driver was performing his job within the limits of the company's policy, and reasonably feared for his safety from the dog, that may be a sufficient defense.
Your best avenue would likely be to continue your complaint with UPS. Alternatively, you could consult with an attorney, but the most you would likely be able to recover is the cost of the vet bills, and possibly any lost income you would have received from the dog as a service animal. Still, in order to recover anything, you (as the plaintiff) would have the burden of proving that there was negligence on the part of UPS and/or the driver, and that the negligence was the proximate cause of the injury to the dog.
Off-hand, I see several problems with your story.
First, if no one was home, how did anyone gain access to your kitchen to leave a package? Why wasn't the door locked? Generally speaking, any delivery person will try to find the closest, covered spot to leave a package. The faster they can leave the package, the faster they can move to the next stop, and be done with their route.
Second, are you SURE your dog was pepper-sprayed? Is there any chance he may have come into contact with a chemical or other substance in the house? If you have two dogs, and they were both in the house, was there any harm to the other one? As dogs are pack animals, and respond to signs of distress from a member of the pack, it would be expected that the second dog would have come to aid the first dog and would have been sprayed as well.
Third, did any (human) notice signs of pepper spray when they arrived home? I had a container of pepper spray that accidentally leaked on my gloves one time. I threw the pepper spray out, left my gloves in the car, and a friend and I who were going out to dinner were coughing and our eyes were watering. It wasn't as bad, but we still had symptoms when we returned to the car after dinner. If pepper spray was discharged in the house, humans would have likely noticed.
Fourth, even if the dog was pepper-sprayed, how can you be sure that it was the UPS driver who did it? If it was that easy to gain access to your home, it could have just as easily been neighborhood kids who were causing trouble.
Fifth, if the driver was performing his job within the limits of the company's policy, and reasonably feared for his safety from the dog, that may be a sufficient defense.
Your best avenue would likely be to continue your complaint with UPS. Alternatively, you could consult with an attorney, but the most you would likely be able to recover is the cost of the vet bills, and possibly any lost income you would have received from the dog as a service animal. Still, in order to recover anything, you (as the plaintiff) would have the burden of proving that there was negligence on the part of UPS and/or the driver, and that the negligence was the proximate cause of the injury to the dog.
What is the best way to wrap a Puppy for Christmas?
Q. I will be sending my nephew a dog this christmas.
Answer
I assume his parents know, that the whole family is ok with it, and that he is responsible enough to care for this dog for the next 10-15 years (like when he heads to college)?
I would give him a package of all the dog's equipment with instructions - "On January 2nd you have an all-expense paid trip to the local dog rescue to pick out a new friend. Bring this collar so everyone will know he's yours. Bring this leash to keep him safe by your side. Bring these treats to make him happy. Put this crate in your room so he can sleep next to your side." etc. That way the new dog/puppy doesn't have to deal with the stress inherent in Christmas day and your nephew can pick out exactly which dog he wants. The instructions can also be modified to say that the puppy will be delivered on a certain date.
A Christmas day delivery will be stressful for everyone.
I assume his parents know, that the whole family is ok with it, and that he is responsible enough to care for this dog for the next 10-15 years (like when he heads to college)?
I would give him a package of all the dog's equipment with instructions - "On January 2nd you have an all-expense paid trip to the local dog rescue to pick out a new friend. Bring this collar so everyone will know he's yours. Bring this leash to keep him safe by your side. Bring these treats to make him happy. Put this crate in your room so he can sleep next to your side." etc. That way the new dog/puppy doesn't have to deal with the stress inherent in Christmas day and your nephew can pick out exactly which dog he wants. The instructions can also be modified to say that the puppy will be delivered on a certain date.
A Christmas day delivery will be stressful for everyone.
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Title Post: UPS driver Pepper sprayed my dog INSIDE THE HOUSE - what should I do?
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