DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK
STATE OF ARIZONA
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Arizona ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Arizona
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. ARIZONA DOG BITE LAW - STRICT LIABILITY
A. Statute of Limitations
Under Arizona Revised Statutes Section 12-542, 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. Arizona's Strict Liability Dog Bite Statute
ARIZONA IS A STRICT LIABILITY STATE FOR DOG BITES.
Arizona Revised Statutes Section 11-1025 provides:
"The owner of a dog which bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of its viciousness."
Key Elements:
1. The defendant owned the dog;
2. The dog bit the plaintiff;
3. The plaintiff was in a public place OR lawfully on private property when bitten.
NO PROOF OF PRIOR VICIOUSNESS OR OWNER'S KNOWLEDGE IS REQUIRED. Liability is automatic once these elements are established.
C. Arizona Case Law
Arizona courts have consistently upheld strict liability for dog bites:
- Murdock v. Balle, 144 Ariz. 136, 696 P.2d 230 (App. 1985) - Affirming strict liability under A.R.S. Section 11-1025
- Massey v. Colaric, 151 Ariz. 65, 725 P.2d 1099 (1986) - Clarifying scope of "lawfully on premises"
- Chandler v. Vaccaro, 167 Ariz. 299, 806 P.2d 884 (App. 1991) - Owner liability applies regardless of precautions taken
D. Pure Comparative Negligence
Arizona follows pure comparative negligence under A.R.S. Section 12-2505. A plaintiff's recovery is reduced by their percentage of fault, but recovery is not completely barred regardless of the degree of fault.
IMPORTANT: Under A.R.S. Section 11-1025(B), the only defense available is provocation - the owner must prove the victim "provoked the dog." Our client did nothing to provoke this attack.
E. Constitutional Protection Against Damage Caps
The Arizona Constitution, Article 2, Section 31 provides: "No law shall be enacted in this state limiting the amount of damages to be recovered for causing the death or injury of any person." Accordingly, there are no caps on compensatory damages in dog bite 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 (required under A.R.S. Section 11-1008)
- [ ] Prior bite reports or complaints
- [ ] Any "dangerous" or "vicious" dog designations under A.R.S. Section 11-1014
- [ ] Communications with Maricopa County/[County] Animal Care and Control
- [ ] Homeowner's or renter's insurance policies
- [ ] Training records for the animal
- [ ] Proof of confinement measures
Arizona recognizes spoliation of evidence as a basis for adverse inferences.
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," "at the dog owner's residence as an invited guest," "delivering a package," etc.] in [City], [County] County, Arizona.
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. Location at Time of Attack - Establishing Strict Liability
[SELECT APPLICABLE OPTION]
Option 1 - Public Place:
Our client was in a public place at the time of the attack, specifically [describe location - sidewalk, park, street, etc.]. Under A.R.S. Section 11-1025, the dog owner is strictly liable for any bite occurring in a public place.
Option 2 - Lawfully on Private Property:
Our client was lawfully on private property at the time of the attack. [He/She] was [describe status - invited guest, delivery person, utility worker, mail carrier, etc.]. Under A.R.S. Section 11-1025, the dog owner is strictly liable.
C. No Provocation
Our client did absolutely nothing to provoke this attack. Under A.R.S. Section 11-1025(B), provocation is the only defense to strict liability. [He/She] was:
- [ ] Peacefully and lawfully present at the location
- [ ] Not interacting with or approaching the dog
- [ ] Not engaging in any threatening or provoking behavior
- [ ] Not tormenting, teasing, or abusing the dog
The dog's attack was entirely unprovoked and without justification.
D. Post-Attack Response
Following the attack:
- [ ] Emergency medical services were summoned
- [ ] [City] Police Department was notified
- [ ] [County] Animal Care and Control was contacted
- [ ] An incident report was prepared (Report No. [Number])
- [ ] The animal was quarantined per A.R.S. Section 11-1014
- [ ] Photographs of injuries were taken
- [ ] Witness information was obtained
IV. LIABILITY ANALYSIS
A. Strict Liability Under A.R.S. Section 11-1025
Under Arizona's strict liability statute, [Dog Owner Name] is automatically liable for our client's injuries:
- Ownership: [Dog Owner Name] owned the dog that attacked our client.
- Bite: The dog bit our client, causing serious injuries.
- Location: Our client was [in a public place / lawfully on private property] when the attack occurred.
NO PROOF OF PRIOR VICIOUSNESS OR OWNER'S KNOWLEDGE IS REQUIRED.
Liability is established as a matter of law. The only issue remaining is damages.
B. Provocation Defense Does Not Apply
Under A.R.S. Section 11-1025(B), provocation is the only available defense. The defense does not apply here because our client:
- Did not tease, torment, or abuse the dog
- Did not strike or threaten the dog
- Did not engage in any conduct that would naturally provoke a dog to bite
- Was simply [describe innocent activity]
See Toney v. Bouthillier, 129 Ariz. 402, 631 P.2d 557 (App. 1981) (defining provocation).
C. Additional Theories (Alternative/Supplemental)
Negligence Per Se:
If the dog owner violated Arizona's dangerous dog statutes (A.R.S. Section 11-1014) or local leash laws, such violations constitute negligence per se.
Common Law Negligence:
The owner also breached the common law duty of care by:
- [ ] Failing to properly secure the animal
- [ ] Allowing the animal to roam unleashed
- [ ] Failing to maintain adequate fencing
- [ ] Failing to warn of the dog's presence
V. ARIZONA DANGEROUS DOG STATUTES
A. Dangerous Dog Designation
Under A.R.S. Section 11-1014, a dog may be designated as "dangerous" if it:
- Has bitten a person or domestic animal without provocation
- Has a history of threatening or attacking without provocation
[CHECK IF APPLICABLE:] This dog [has/should have been] designated as dangerous based on [prior incidents].
B. Enhanced Liability for Dangerous Dogs
If a dog has been designated dangerous, A.R.S. Section 11-1014 imposes additional requirements on owners, and violation may support punitive damages.
VI. 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
- [ ] Tendon/ligament damage
- [ ] Bone fractures
- [ ] Infection (including risk of rabies exposure)
Scarring and Disfigurement:
- [ ] Permanent scarring to [body parts]
- [ ] Disfigurement requiring plastic surgery
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]
VII. DAMAGES
A. Medical Expenses
| Provider | Service | Amount Billed |
|---|---|---|
| [Provider] | [Service] | $[Amount] |
| TOTAL PAST MEDICAL | $[Total] |
B. Future Medical Expenses
| Treatment | Estimated Cost |
|---|---|
| [Treatment] | $[Amount] |
| TOTAL FUTURE MEDICAL | $[Total] |
C. Lost Wages
| Category | Amount |
|---|---|
| Past Lost Wages | $[Amount] |
| Future Lost Earnings | $[Amount] |
| TOTAL LOST WAGES | $[Total] |
D. Pain and Suffering
Arizona allows full recovery for:
- Physical pain and suffering
- Mental anguish and emotional distress
- Permanent scarring and disfigurement
- Loss of enjoyment of life
Arizona's constitutional protection (Art. 2, Sec. 31) prohibits caps on these damages.
E. Summary of Damages
| Category | Amount |
|---|---|
| Past Medical Expenses | $[Amount] |
| Future Medical Expenses | $[Amount] |
| Past Lost Wages | $[Amount] |
| Future Lost Earnings | $[Amount] |
| TOTAL ECONOMIC DAMAGES | $[Subtotal] |
| Pain and Suffering | $[Amount] |
| Disfigurement | $[Amount] |
| Emotional Distress | $[Amount] |
| TOTAL NON-ECONOMIC DAMAGES | $[Subtotal] |
| TOTAL DAMAGES | $[Grand Total] |
VIII. SETTLEMENT DEMAND
A. Demand Amount
Based upon the strict liability of the dog owner under Arizona 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].
C. Basis for Demand
Arizona's strict liability statute eliminates any question of liability. The dog owner is automatically liable once the statutory elements are proven. The only issue is damages, which are substantial and well-documented.
IX. DOCUMENTATION ENCLOSED
- [ ] Medical records and bills
- [ ] Photographs of injuries
- [ ] Animal Control report
- [ ] Police report
- [ ] Witness statements
- [ ] Employment records
- [ ] HIPAA authorizations
X. CONCLUSION
Arizona imposes strict liability on dog owners. Under A.R.S. Section 11-1025, [Dog Owner Name] is liable as a matter of law - no proof of prior viciousness or owner knowledge is required.
Our client was [in a public place / lawfully on private property] when attacked. The attack was entirely unprovoked. Liability is established. The only question is the amount of damages.
We are prepared to file suit in Arizona Superior Court, [County] County, if necessary.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
State Bar of Arizona No. [Number]
Attorney for [Client Name]
ENCLOSURES: [List]
cc: [Client Name]
[File]
ARIZONA-SPECIFIC PRACTICE NOTES
- STRICT LIABILITY: Arizona is a strict liability state. Under A.R.S. Section 11-1025, owner is liable regardless of prior knowledge of viciousness. Only defense is provocation.
- Pure Comparative Negligence: A.R.S. Section 12-2505 - recovery reduced but not barred by plaintiff's fault.
- No Damage Caps: Arizona Constitution Art. 2, Sec. 31 prohibits caps on injury damages.
- 2-Year SOL: A.R.S. Section 12-542.
- Dangerous Dog Statute: A.R.S. Section 11-1014 - check for prior designations.
- Rabies Quarantine: A.R.S. Section 11-1014 requires quarantine after bite.
- Venue: Superior Court in county where injury occurred or defendant resides.
This template must be reviewed and customized by an Arizona-licensed attorney before use.