DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK
STATE OF COLORADO
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Colorado ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Colorado
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. COLORADO DOG BITE LAW
A. Statute of Limitations
Under Colorado Revised Statutes Section 13-80-102, 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. Colorado's Hybrid Dog Bite Law
Colorado has a hybrid system for dog bite liability:
1. STRICT LIABILITY for Serious Bodily Injury (C.R.S. Section 13-21-124):
"A dog owner shall be strictly liable in civil damages for serious bodily injury or death inflicted by the dog."
"Serious Bodily Injury" is defined as bodily injury which involves a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body.
2. ONE-BITE RULE / NEGLIGENCE for Other Injuries:
For injuries that do not rise to the level of "serious bodily injury," Colorado follows the common law scienter (one-bite) rule, requiring proof that the owner knew or should have known of the dog's dangerous propensities.
C. Application to This Case
[SELECT APPLICABLE OPTION]
Option 1 - Strict Liability Applies:
Our client suffered serious bodily injury as defined under C.R.S. Section 13-21-124, including [describe: permanent disfigurement, protracted impairment, substantial risk of death, etc.]. Therefore, [Dog Owner Name] is strictly liable for our client's injuries.
Option 2 - Scienter / Negligence Applies:
Even if the injuries do not meet the statutory definition of "serious bodily injury," [Dog Owner Name] is liable under the common law scienter rule because [he/she] knew or should have known of the dog's dangerous propensities.
D. Modified Comparative Negligence
Colorado follows modified comparative negligence under C.R.S. Section 13-21-111. 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. Non-Economic Damage Cap
IMPORTANT: Colorado imposes a cap on non-economic damages under C.R.S. Section 13-21-102.5. The cap is adjusted annually for inflation. [Verify current cap amount - approximately $729,790 as of 2024.]
Exception: The cap may be exceeded upon clear and convincing evidence of certain aggravating factors.
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 under C.R.S. Section 18-9-204.5
- [ ] Communications with [County] Animal Control
- [ ] Homeowner's or renter's insurance policies
- [ ] Training records for the animal
- [ ] Proof of confinement measures
Spoliation of evidence under Colorado 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, Colorado.
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. Serious Bodily Injury
[USE IF SEEKING STRICT LIABILITY UNDER C.R.S. 13-21-124]
Our client's injuries constitute "serious bodily injury" as defined by Colorado law because they involve:
- [ ] Substantial risk of death: [Describe life-threatening aspects]
- [ ] Serious permanent disfigurement: [Describe permanent scarring, disfigurement]
- [ ] Protracted loss or impairment of function: [Describe functional impairment]
[Provide detailed description supporting serious bodily injury classification]
C. Evidence of Owner's Knowledge (Scienter)
[USE IF STRICT LIABILITY DOES NOT APPLY OR AS ALTERNATIVE THEORY]
[Dog Owner Name] knew or should have known of this dog's dangerous propensities:
- [ ] Prior Bite Incidents: [Details]
- [ ] Prior Aggressive Behavior: [Details]
- [ ] Complaints to Animal Control: [Details]
- [ ] "Dangerous Dog" Designation: Under C.R.S. Section 18-9-204.5
- [ ] Warning Signs Posted: [Details]
- [ ] Owner Admissions: [Details]
D. No Provocation
Our client did absolutely nothing to provoke this attack. Under C.R.S. Section 13-21-124(2)(a), provocation is a defense to strict liability. However, our client:
- [ ] Was peacefully and lawfully present at the location
- [ ] Did not torment, tease, or abuse the dog
- [ ] Did not engage in any provoking behavior
IV. LIABILITY ANALYSIS
A. Strict Liability Under C.R.S. Section 13-21-124
[USE IF SERIOUS BODILY INJURY]
Under Colorado's strict liability statute, [Dog Owner Name] is automatically liable because:
- [Dog Owner Name] owned the dog that attacked our client
- The dog caused serious bodily injury to our client
- No statutory defenses apply
B. Statutory Defenses Do Not Apply
Under C.R.S. Section 13-21-124(2), the only defenses to strict liability are:
(a) Provocation: Our client did not provoke the dog.
(b) Trespass: Our client was lawfully on the property. [He/She] was [describe lawful status].
(c) Performing Duties: Our client was not a veterinarian, dog groomer, humane agency staff, professional dog handler, trainer, or dog show judge performing duties.
(d) Working Dog: The dog was not working as a hunting, herding, farm/ranch, or predator control dog on the owner's property.
C. Alternative Theory - Scienter / One-Bite Rule
Even if strict liability does not apply, the owner is liable under the common law scienter rule:
- The dog had dangerous propensities
- The owner knew or should have known of those propensities
- The propensities caused our client's injuries
See Klaameyer v. Jones, 802 P.2d 1137 (Colo. App. 1990).
D. Negligence Theory
The owner also breached the common law duty of care by:
- [ ] Failing to properly secure the animal
- [ ] Allowing the animal to roam unleashed
- [ ] Violating local leash laws
- [ ] Failing to warn of the dog's presence
V. COLORADO DANGEROUS DOG STATUTES
A. Unlawful Ownership of Dangerous Dog
Under C.R.S. Section 18-9-204.5, it is unlawful for any person to own a dangerous dog. A "dangerous dog" is one that:
- Inflicts bodily or serious bodily injury upon any person or domestic animal; or
- Engages in any behavior that requires a defensive action by any person to prevent bodily injury
B. Local Ordinances
[Insert applicable municipal/county ordinances regarding:
- Leash requirements
- Dangerous dog designations
- Breed-specific legislation (note: state preemption issues under C.R.S. Section 18-9-204.5)]
VI. INJURIES AND MEDICAL TREATMENT
A. Description of Injuries
The attack caused severe injuries to our client, including:
Bite Wounds:
- [ ] [Location] - [Description]
- [ ] [Location] - [Description]
Serious Bodily Injury Elements:
- [ ] Permanent disfigurement: [Description]
- [ ] Protracted impairment of function: [Description]
- [ ] Risk of death: [Description, if applicable]
Secondary Injuries:
- [ ] Soft tissue damage
- [ ] Nerve damage
- [ ] Tendon/ligament damage
- [ ] Infection
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]
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
Colorado allows recovery for:
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Permanent scarring and disfigurement
- Loss of enjoyment of life
Note: Non-economic damages may be subject to the statutory cap under C.R.S. Section 13-21-102.5.
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 / liability] of the dog owner under Colorado 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].
IX. DOCUMENTATION ENCLOSED
- [ ] Medical records and bills
- [ ] Photographs of injuries
- [ ] Animal Control report
- [ ] Police report
- [ ] Witness statements
- [ ] Employment records
- [ ] Prior incident documentation
- [ ] HIPAA authorizations
X. CONCLUSION
Under Colorado law, [Dog Owner Name] is [strictly liable for our client's serious bodily injury under C.R.S. Section 13-21-124 / liable under the scienter doctrine / liable for negligence]. The attack was entirely unprovoked, and our client was lawfully present.
We are prepared to file suit in Colorado District Court, [County] County, if necessary.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Colorado Attorney Registration No. [Number]
Attorney for [Client Name]
ENCLOSURES: [List]
cc: [Client Name]
[File]
COLORADO-SPECIFIC PRACTICE NOTES
- STRICT LIABILITY: C.R.S. Section 13-21-124 imposes strict liability only for "serious bodily injury." Other injuries require proof of scienter or negligence.
- Serious Bodily Injury Definition: Substantial risk of death, serious permanent disfigurement, or protracted loss/impairment of function.
- Modified Comparative Negligence: C.R.S. Section 13-21-111 - plaintiff barred if 50% or more at fault.
- Non-Economic Damage Cap: C.R.S. Section 13-21-102.5 - verify current cap amount (adjusted annually).
- 2-Year SOL: C.R.S. Section 13-80-102.
- Dangerous Dog Statute: C.R.S. Section 18-9-204.5.
- Local Ordinances: Research applicable municipal and county animal control ordinances.
- Venue: District Court in county where injury occurred or defendant resides.
This template must be reviewed and customized by a Colorado-licensed attorney before use.