DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

STATE OF ALASKA

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Alaska ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Alaska

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[Adjuster Name / Dog Owner Name]
[Insurance Company Name / Address]
[Street Address]
[City, State ZIP]

RE: DOG BITE CLAIM - SETTLEMENT DEMAND
Our Client: [Client Full Name]
Date of Attack: [Date of Attack]
Location of Attack: [Address where attack occurred]
Dog Owner: [Dog Owner Name]
Dog Breed/Description: [Breed, Size, Color]
Claim Number: [If assigned]
Homeowner's Policy Number: [If known]

Dear [Recipient Name]:

This firm represents [Client Name] ("Claimant") for the serious and permanent injuries sustained as a result of a vicious dog attack that occurred on [Date of Attack]. The attack was perpetrated by a [Breed] dog owned by [Dog Owner Name]. This letter constitutes our formal demand for settlement.

I. ALASKA DOG BITE LAW

A. Statute of Limitations

Under Alaska Statutes Section 09.10.070, the statute of limitations for personal injury claims, including dog bite cases, is two (2) years from the date of the injury. This claim arises from an attack that occurred on [Date], and therefore the limitations period expires on [Expiration Date].

B. Alaska Dog Bite Law - Scienter / One-Bite Rule

Alaska follows the common law scienter or "one-bite" rule for dog bite liability. Under this doctrine, a dog owner is liable for injuries caused by their dog if the owner knew or should have known of the dog's dangerous or vicious propensities.

Key Elements:
1. The dog had dangerous propensities;
2. The owner knew or should have known of those propensities; and
3. The dangerous propensities caused the plaintiff's injuries.

See Haeg v. Spraker, 145 P.3d 494 (Alaska 2006).

C. Negligence Alternative

In addition to scienter liability, Alaska recognizes negligence-based claims against dog owners. A dog owner who fails to exercise reasonable care in controlling or restraining their dog may be held liable for resulting injuries, even without proof of prior knowledge of vicious tendencies.

D. Pure Comparative Negligence

Alaska follows pure comparative negligence under AS 09.17.060. A plaintiff's recovery is reduced by their percentage of fault, but recovery is not completely barred regardless of the degree of fault attributed to the plaintiff.

Our client bears no responsibility for this unprovoked attack.

E. No Caps on Compensatory Damages

Alaska does not impose caps on compensatory damages in dog bite cases. Punitive damages, if applicable, are subject to limitations under AS 09.17.020.

II. PRESERVATION OF EVIDENCE NOTICE

YOU ARE HEREBY DIRECTED TO PRESERVE ALL EVIDENCE relating to this attack and the subject animal, including but not limited to:

• [ ] The animal itself (do not destroy, euthanize, or transfer without notice)
• [ ] All veterinary records for the animal
• [ ] Vaccination records, including rabies vaccination
• [ ] Animal licensing and registration documents
• [ ] Prior bite reports or complaints
• [ ] Any "dangerous dog" or "vicious dog" designations
• [ ] Communications with animal control
• [ ] Homeowner's or renter's insurance policies
• [ ] Training records for the animal
• [ ] Proof of confinement measures

Spoliation of evidence under Alaska law may result in adverse inferences and sanctions.

III. STATEMENT OF FACTS

A. The Attack

On [Date of Attack], at approximately [Time], our client was [describe activity - e.g., "walking on the public sidewalk," "visiting the dog owner's residence as an invited guest," etc.] in [City/Borough], Alaska.

At that time, [Dog Owner Name]'s [Breed] dog [describe how attack occurred - e.g., "escaped from the owner's property," "was off-leash," etc.].

The dog attacked our client viciously and without provocation. [Describe the attack in detail].

B. Evidence of Owner's Knowledge (Scienter)

[Dog Owner Name] knew or should have known of this dog's dangerous propensities. Evidence includes:

• [ ] Prior Bite Incidents: [Details]
• [ ] Prior Aggressive Behavior: [Details]
• [ ] Complaints to Animal Control: [Details]
• [ ] Warning Signs Posted: [Details]
• [ ] Owner Admissions: [Details]

C. Negligence

Even without proof of scienter, the owner was negligent in:

• [ ] Failing to properly secure the animal
• [ ] Failing to use appropriate restraints
• [ ] Violating local leash laws or animal control ordinances
• [ ] Failing to warn of the dog's presence

D. No Provocation

Our client did absolutely nothing to provoke this attack. [He/She] was peacefully and lawfully present at the location.

IV. LOCAL ANIMAL CONTROL LAWS

A. Municipal Ordinances

[Insert applicable municipal code provisions regarding:
- Leash requirements
- Confinement requirements
- Dangerous dog designations
- Licensing requirements]

Municipality of Anchorage: AMC Title 17
Fairbanks North Star Borough: FNSBC Title 6
Juneau: CBJ Title 8

Violation of these ordinances constitutes negligence per se.

V. INJURIES AND MEDICAL TREATMENT

A. Description of Injuries

The attack caused severe injuries to our client, including:

Bite Wounds:
- [ ] [Location] - [Description]
- [ ] [Location] - [Description]

Secondary Injuries:
- [ ] Soft tissue damage
- [ ] Nerve damage
- [ ] Infection risk
- [ ] Scarring and disfigurement

Psychological Injuries:
- [ ] Post-Traumatic Stress Disorder (PTSD)
- [ ] Cynophobia (fear of dogs)
- [ ] Anxiety and panic attacks

B. Medical Treatment

[Detail emergency treatment, follow-up care, surgeries, mental health treatment]

C. Prognosis

[Detail permanent conditions, ongoing treatment needs, future care requirements]

VI. DAMAGES

A. Medical Expenses

B. Future Medical Expenses

C. Lost Wages

D. Pain and Suffering

Alaska allows recovery for:
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Permanent scarring and disfigurement
- Loss of enjoyment of life

E. Summary of Damages

VII. SETTLEMENT DEMAND

A. Demand Amount

Based upon the clear liability of the dog owner, the severity of injuries, and the substantial damages, we hereby demand:

$[DEMAND AMOUNT]

B. Time for Response

This demand will remain open for thirty (30) days from the date of this letter, through and including [Expiration Date].

VIII. DOCUMENTATION ENCLOSED

• [ ] Medical records and bills
• [ ] Photographs of injuries
• [ ] Animal Control report
• [ ] Witness statements
• [ ] Employment records
• [ ] Prior incident documentation
• [ ] HIPAA authorizations

IX. CONCLUSION

This was a vicious, unprovoked attack by a dangerous animal. Our client was an innocent victim who has suffered serious injuries. The liability is clear under Alaska law, whether under the scienter doctrine or ordinary negligence principles.

We are prepared to file suit in Alaska Superior Court if necessary.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Alaska Bar Number [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[File]

ALASKA-SPECIFIC PRACTICE NOTES

• One-Bite/Scienter Rule: Alaska follows the common law scienter rule. Document all evidence of owner's prior knowledge.
• Pure Comparative Negligence: Under AS 09.17.060, plaintiff's recovery reduced but not barred by comparative fault.
• 2-Year SOL: Personal injury claims under AS 09.10.070.
• Local Ordinances: Research applicable municipal animal control ordinances.
• Punitive Damages: Capped under AS 09.17.020 if owner's conduct was reckless or willful.
• Venue: Superior Court in judicial district where injury occurred or defendant resides.

This template must be reviewed and customized by an Alaska-licensed attorney before use.