DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

STATE OF ALABAMA

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

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. ALABAMA DOG BITE LAW - SCIENTER / ONE-BITE RULE

A. Alabama's Legal Standard

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

Key Alabama Cases:

• Humphries v. Rice, 600 So. 2d 975 (Ala. 1992) - Established that scienter (knowledge of dangerous propensity) must be proven
• Grizzle v. Dean, 929 So. 2d 475 (Ala. Civ. App. 2005) - Owner knowledge of vicious tendencies required
• Shehane v. Colquitt, 529 So. 2d 245 (Ala. 1988) - Prior incidents establish scienter

B. Establishing Owner Knowledge (Scienter)

Alabama law requires proof that the dog owner knew or should have known of the dog's vicious propensities. Evidence of such knowledge includes:

☐ Prior Bite Incidents: This dog has bitten [number] other people on [prior dates]
☐ Prior Aggressive Behavior: Documented history of lunging, growling, snapping, or chasing
☐ Complaints to Authorities: Prior complaints to [Animal Control/Law Enforcement]
☐ "Dangerous Dog" Designation: Official designation under local ordinance
☐ Warning Signs Posted: "Beware of Dog" signs demonstrating owner's knowledge
☐ Owner Admissions: Prior statements about dog's temperament
☐ Breed-Specific Knowledge: Owner awareness of breed tendencies

C. Alternative Negligence Theory

In addition to scienter liability, Alabama recognizes ordinary negligence claims against dog owners who fail to exercise reasonable care in controlling their animals:

• Violation of leash laws or confinement ordinances
• Negligent supervision or control
• Failure to warn of known dangers

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 Alabama law may result in adverse inferences and sanctions. Smith v. Atkinson, 771 So. 2d 429 (Ala. 2000).

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 in front of [Address]," "visiting the dog owner's residence as an invited guest," etc.].

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

[Detail specific evidence of prior incidents, complaints, owner knowledge, etc.]

C. No Provocation

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

IV. CRITICAL: ALABAMA'S CONTRIBUTORY NEGLIGENCE RULE

A. Alabama's Harsh Standard

ALABAMA IS ONE OF ONLY FOUR STATES THAT RETAINS PURE CONTRIBUTORY NEGLIGENCE.

Under Alabama Code § 6-11-20 and established case law, if the plaintiff is found to be even 1% at fault for their own injuries, they are completely barred from any recovery. Williams v. Delta Int'l Mach. Corp., 619 So. 2d 1330 (Ala. 1993).

B. Our Client Had No Fault

[Client Name] bore absolutely no responsibility for this attack:

☐ [He/She] was lawfully present at the location
☐ [He/She] did not approach, touch, or interact with the dog
☐ [He/She] did not engage in any provoking behavior
☐ [He/She] exercised all reasonable care
☐ The attack was entirely unprovoked and without warning

Any assertion of contributory negligence would be baseless and will not withstand scrutiny.

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

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

E. Alabama Damage Cap Considerations

Under Alabama Code § 6-11-21, non-economic damages are capped in certain tort cases. However, this cap has exceptions and has been subject to constitutional challenges. [Verify current status of damage caps.]

F. 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. STATUTE OF LIMITATIONS

Under Alabama Code § 6-2-38(l), the statute of limitations for personal injury claims is two (2) years from the date of injury.

Date of Attack: [Date]
Limitations Period Expires: [Date + 2 years]

IX. DOCUMENTATION ENCLOSED

☐ Medical records and bills
☐ Photographs of injuries
☐ Police/Animal Control report
☐ Witness statements
☐ Employment records
☐ Prior incident documentation
☐ HIPAA authorizations

X. CONCLUSION

This was a vicious, unprovoked attack by a dangerous animal whose owner knew of its propensities. Our client was an innocent victim who has suffered serious injuries. The liability is clear under Alabama's scienter doctrine.

We are prepared to try this case before an Alabama jury if necessary. Given Alabama's contributory negligence rule, the defendant cannot prevail on comparative fault - our client bears no responsibility whatsoever for this attack.

We urge you to resolve this matter promptly.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Alabama State Bar Number [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[File]

ALABAMA-SPECIFIC PRACTICE NOTES

• Contributory Negligence: Alabama is a pure contributory negligence state. ANY fault by plaintiff bars recovery entirely. Critical to document complete lack of provocation.
• Scienter Required: Must prove owner's knowledge of vicious propensities. Document prior incidents thoroughly.
• 2-Year SOL: Personal injury claims must be filed within 2 years under Ala. Code § 6-2-38(l).
• Damage Caps: Review current status of Ala. Code § 6-11-21 non-economic damage caps.
• Local Ordinances: Research applicable municipal leash laws and dangerous dog ordinances.

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