DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

STATE OF ARKANSAS

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

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. ARKANSAS DOG BITE LAW

A. Statute of Limitations

Under Arkansas Code Annotated Section 16-56-105, the statute of limitations for personal injury claims, including dog bite cases, is three (3) 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. Arkansas Dog Bite Law - Scienter / One-Bite Rule

Arkansas 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 abnormal to its class;
2. The owner knew or should have known of those propensities; and
3. The dangerous propensities caused the plaintiff's injuries.

See Porter v. Elzey, 2017 Ark. App. 233, 519 S.W.3d 716 (2017); Hollingsworth v. Howell, 321 Ark. 408, 903 S.W.2d 152 (1995).

C. Arkansas Statutory Framework

Arkansas Code Annotated Section 20-19-102 imposes liability on owners of dogs that:
- Run at large and cause damage to livestock or poultry
- Attack, bite, or injure any person while off the owner's premises

While primarily focused on livestock, this statute supports liability when dogs cause harm while running at large.

D. Modified Comparative Negligence

Arkansas follows modified comparative negligence under Ark. Code Ann. Section 16-64-122. A plaintiff's recovery is reduced by their percentage of fault, and recovery is completely barred if the plaintiff is 50% or more at fault.

Our client bears no responsibility for this unprovoked attack.

E. Constitutional Protection Against Damage Caps

The Arkansas Constitution, Article 5, Section 32 provides that "the right of action to recover damages for injuries shall never be abrogated." Arkansas does not impose caps on compensatory damages in personal injury cases.

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 documents
• [ ] Prior bite reports or complaints
• [ ] Any "dangerous 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 Arkansas 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], [County] County, Arkansas.

At that time, [Dog Owner Name]'s [Breed] dog [describe how attack occurred].

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: 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
• [ ] 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
• [ ] "Dangerous Dog" Designation: Official designation under local ordinance

C. Negligence Theory

Even without proof of prior knowledge, the owner was negligent in:

• [ ] Failing to properly secure the animal on the property
• [ ] Allowing the animal to run at large in violation of Ark. Code Ann. Section 20-19-102
• [ ] Failing to use appropriate restraints
• [ ] Violating local leash laws
• [ ] Failing to warn visitors 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. LIABILITY ANALYSIS

A. Primary Theory - Scienter / One-Bite Rule

Under Arkansas common law, [Dog Owner Name] is liable for our client's injuries because:

1. The dog had dangerous propensities - [Describe]
2. The owner had knowledge - [Describe evidence]
3. Causation - The dog's dangerous propensities caused our client's injuries

See Porter v. Elzey, 2017 Ark. App. 233; Hollingsworth v. Howell, 321 Ark. 408.

B. Alternative Theory - Negligence

The owner also breached the common law duty of reasonable care by:
- [ ] Failing to properly confine or restrain the dog
- [ ] Allowing the dog to run at large
- [ ] Failing to warn of the dog's presence or dangerous tendencies

C. Negligence Per Se

Violation of local animal control ordinances constitutes negligence per se:
- [ ] [City/County] Ordinance Section [Number] - Leash Law
- [ ] [City/County] Ordinance Section [Number] - Confinement Requirements
- [ ] Arkansas Code Section 20-19-102 - Dogs Running at Large

D. Landlord Liability (If Applicable)

[USE IF ATTACK OCCURRED ON RENTAL PROPERTY]

Under Arkansas law, a landlord may be held liable when the landlord knew of the tenant's dog and its dangerous propensities and had authority to require removal.

E. Defenses Inapplicable

Provocation: Our client did nothing to provoke this attack.

Comparative Fault: While Arkansas follows modified comparative negligence, our client exercised all reasonable care and bears no responsibility for this attack.

Trespass: Our client was lawfully present at the location of the attack.

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
- [ ] Depression

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

Arkansas 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 liability of the dog owner under Arkansas law, 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
• [ ] Police report
• [ ] Witness statements
• [ ] Employment records
• [ ] Prior incident documentation
• [ ] HIPAA authorizations

IX. CONCLUSION

This was a vicious, unprovoked attack by a dangerous animal whose owner knew or should have known of its propensities. Our client was an innocent victim who has suffered serious injuries.

The liability is clear under Arkansas law, whether under the scienter doctrine or ordinary negligence principles. We are prepared to file suit in Arkansas Circuit Court, [County] County, if necessary.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Arkansas Bar ID No. [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[File]

ARKANSAS-SPECIFIC PRACTICE NOTES

• One-Bite/Scienter Rule: Arkansas follows the common law rule requiring proof of owner's knowledge of dangerous propensities. Document all prior incidents.
• Modified Comparative Negligence: Under Ark. Code Ann. Section 16-64-122, plaintiff barred from recovery if 50% or more at fault.
• 3-Year SOL: Personal injury claims under Ark. Code Ann. Section 16-56-105.
• No Damage Caps: Arkansas Constitution Art. 5, Sec. 32 protects right to recover damages.
• Dogs at Large: Ark. Code Ann. Section 20-19-102 addresses liability for dogs running at large.
• Local Ordinances: Research applicable municipal and county animal control ordinances.
• Venue: Circuit Court in county where injury occurred or defendant resides.

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