DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK
STATE OF GEORGIA
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Georgia ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Georgia
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] in [County] County, Georgia. The attack was perpetrated by a [Breed] dog owned by [Dog Owner Name]. This letter constitutes our formal demand for settlement under Georgia law.
I. GEORGIA-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under O.C.G.A. Section 9-3-33, the statute of limitations for personal injury claims in Georgia is two (2) years from the date of injury. This attack occurred on [Date], and therefore the limitations period expires on [Expiration Date].
B. Georgia Dog Bite Liability - O.C.G.A. Section 51-2-7
Georgia follows a modified one-bite rule with statutory elements. Under O.C.G.A. Section 51-2-7, a dog owner is liable for injuries caused by their dog when:
"(a) A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured. In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash."
C. Key Elements Under Georgia Law
To establish liability under O.C.G.A. Section 51-2-7, a plaintiff must prove:
- The dog was vicious or dangerous (had dangerous propensities);
- The owner knew or should have known of the vicious propensity (scienter);
- Careless management or allowing the dog to go at liberty; AND
- The victim did not provoke the attack.
CRITICAL: Under the statute, proof that a local leash law ordinance was in effect AND the dog was not on a leash at the time of the attack creates a presumption of vicious propensity. This significantly eases the plaintiff's burden of proof.
D. Georgia Comparative Negligence
Georgia follows modified comparative negligence under O.C.G.A. Section 51-12-33. A plaintiff may recover damages only if their fault is less than 50%. If the plaintiff is 50% or more at fault, recovery is completely barred. Any recovery is reduced by the plaintiff's percentage of fault.
Our client bears absolutely no responsibility for this attack.
E. Relevant Georgia Case Law
- Steagald v. Eason, 300 Ga. 717 (2017) - Reaffirming scienter requirement under O.C.G.A. Section 51-2-7
- Mathis v. Cannon, 276 Ga. 16 (2002) - Knowledge of dangerous propensities
- Roberts v. Williamson, 111 Ga. App. 850 (1965) - Leash law violation as evidence of negligence
- Horton v. Hendrix, 291 Ga. App. 416 (2008) - Owner liability standards
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 to our office)
- [ ] All veterinary records for the animal
- [ ] Vaccination records, including rabies vaccination
- [ ] Animal licensing and registration documents
- [ ] [County] County animal control records
- [ ] All photographs or videos of the animal
- [ ] Prior bite reports or complaints regarding this animal
- [ ] Prior aggressive incidents involving this animal
- [ ] Any "dangerous dog" or "vicious dog" designations under O.C.G.A. Section 4-8-23
- [ ] Communications with animal control or authorities
- [ ] Homeowner's or renter's insurance policies
- [ ] Any liability exclusions or breed-specific riders
- [ ] Lease agreements (if renting) and any pet policies
- [ ] Training records for the animal
- [ ] Proof of confinement measures (fencing, leash, muzzle)
Georgia law recognizes the duty to preserve evidence. Destruction of any evidence, including euthanasia of the animal without proper notice and opportunity for examination, 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 in front of [Address]," "visiting the dog owner's residence as an invited guest," "jogging in [Park Name]," "in [his/her] own yard," etc.] in [City], [County] County, Georgia.
At that time, [Dog Owner Name]'s [Breed] dog [describe how attack occurred - e.g., "escaped from the owner's property through an unsecured gate," "was off-leash in violation of the [City/County] leash ordinance," "broke free from its leash when the owner lost control," "attacked without warning or provocation," etc.].
The dog attacked our client viciously and without provocation. [Describe the attack in detail]:
[Example: "The dog lunged at our client, knocked [him/her] to the ground, and bit [him/her] repeatedly on the [body parts affected]. Our client attempted to protect [himself/herself] but was unable to fend off the animal. The attack lasted approximately [duration] before [describe how attack ended]."]
B. Violation of Local Leash Law
CRITICAL UNDER O.C.G.A. Section 51-2-7: At the time of the attack, [City/County] had in effect [Municipal Code Section / County Ordinance Number], which requires dogs to be:
- [ ] On a leash not exceeding [length] feet in public areas
- [ ] Under the direct control of the owner at all times
- [ ] Confined to the owner's property by adequate fencing
The dog was not on a leash and not under the owner's control at the time of the attack, in direct violation of this ordinance. Under O.C.G.A. Section 51-2-7(a), this violation is sufficient to establish the dangerous propensity element.
C. Evidence of Scienter (Prior Knowledge of Dangerous Propensities)
The dog owner knew or should have known of the animal's dangerous propensities. Evidence of such knowledge includes:
- [ ] Prior Bite Incidents: This dog has bitten [number] other people on [prior dates]. [Provide details.]
- [ ] Prior Aggressive Behavior: This dog has displayed aggressive behavior including [describe: lunging, growling, snapping, chasing, etc.].
- [ ] Complaints to Animal Control: [Number] complaints have been filed with [County] County Animal Control regarding this dog.
- [ ] "Dangerous Dog" Designation: This animal has been designated as a "dangerous dog" under O.C.G.A. Section 4-8-23.
- [ ] Warning Signs: The owner posted "Beware of Dog" signs on the property.
- [ ] Breed Characteristics: The owner selected a breed known for aggressive tendencies and was aware of these characteristics.
- [ ] Owner Admissions: The owner has admitted [describe admissions].
- [ ] Witness Statements: Neighbors and others can attest to prior incidents.
D. No Provocation
Our client did absolutely nothing to provoke this attack. At the time of the incident, our client was:
- [ ] Peacefully and lawfully present at the location
- [ ] Not interacting with or approaching the dog
- [ ] Not engaging in any behavior that could be construed as threatening
- [ ] Not teasing, tormenting, or abusing the animal
- [ ] [Not on the dog owner's property / An invited guest on the property]
Under Georgia law, provocation is a complete defense. No provocation occurred here.
IV. LIABILITY ANALYSIS
A. Statutory Liability Under O.C.G.A. Section 51-2-7
All elements required for liability under Georgia's dog bite statute are satisfied:
1. Dangerous/Vicious Animal: The dog's vicious propensity is established by:
- The violation of the local leash ordinance (creating statutory presumption)
- [Prior incidents / complaints / aggressive behavior]
- The severity of this unprovoked attack
2. Scienter (Owner's Knowledge): The owner knew or should have known of the dog's dangerous propensity because:
- [List specific evidence of knowledge]
- The leash law violation creates a presumption of knowledge under the statute
3. Careless Management: The owner carelessly managed the animal by:
- [ ] Failing to restrain the dog on a leash as required by ordinance
- [ ] Failing to properly confine the dog to the property
- [ ] Failing to maintain secure fencing
- [ ] [Other evidence of careless management]
4. No Provocation: Our client did nothing to provoke the attack.
B. Common Law Negligence
In addition to statutory liability, the owner is liable under traditional negligence principles:
Duty: Dog owners owe a duty of reasonable care to prevent their animals from causing harm.
Breach: The owner breached this duty by:
- [ ] Violating the [City/County] leash law
- [ ] Failing to properly secure the animal
- [ ] Failing to warn of the dog's dangerous propensities
- [ ] [Other breaches]
Causation: The breach directly caused our client's injuries.
Damages: Our client suffered substantial damages as detailed below.
C. Negligence Per Se
The dog owner's violation of [City/County Code Section] (leash law) constitutes negligence per se under Georgia law. The ordinance was designed to protect persons like our client from attacks by unleashed dogs, and its violation establishes breach of duty as a matter of law.
D. Georgia Dangerous Dog Statute - O.C.G.A. Section 4-8-20 et seq.
[If applicable:] This dog was classified as a "dangerous dog" under O.C.G.A. Section 4-8-23 on [Date]. Under O.C.G.A. Section 4-8-25, the owner was required to:
- [ ] Register the dog as dangerous with [County] County
- [ ] Maintain proper enclosure
- [ ] Post warning signs
- [ ] Maintain liability insurance of at least $50,000
- [ ] Keep the dog muzzled and on a leash when outside the enclosure
Violation of these requirements creates additional grounds for liability.
E. Landlord Liability (If Applicable)
[If attack occurred on rental property:]
[Landlord Name], as owner of the premises at [Address], may also be liable under Georgia law. A landlord may be held liable when the landlord:
- [ ] Knew of the dog's dangerous propensities
- [ ] Had the authority to remove the animal
- [ ] Permitted the dog to remain on the premises
See Mathis v. Cannon, 276 Ga. 16 (2002).
V. INJURIES AND MEDICAL TREATMENT
A. Description of Injuries
The attack caused severe injuries to our client, including:
Bite Wounds:
- [ ] [Location] - [Description: puncture wound, laceration, avulsion, etc.]
- [ ] [Location] - [Description]
- [ ] [Location] - [Description]
Secondary Injuries:
- [ ] Soft tissue damage
- [ ] Nerve damage
- [ ] Tendon/ligament damage
- [ ] Bone fractures
- [ ] Crush injuries
- [ ] Infection risk (including rabies exposure)
Scarring and Disfigurement:
- [ ] Permanent scarring to [body parts]
- [ ] Disfigurement requiring plastic surgery
- [ ] Keloid formation
Psychological Injuries:
- [ ] Post-Traumatic Stress Disorder (PTSD)
- [ ] Cynophobia (fear of dogs)
- [ ] Anxiety and panic attacks
- [ ] Depression
- [ ] Sleep disturbances / nightmares
B. Emergency Treatment
Immediately following the attack, our client was transported to [Hospital Name] Emergency Department, where [he/she] received:
- [ ] Wound irrigation and debridement
- [ ] Suturing / wound closure ([number] sutures)
- [ ] Tetanus prophylaxis
- [ ] Rabies post-exposure prophylaxis (PEP) series
- [ ] Antibiotic therapy
- [ ] Pain management
- [ ] Diagnostic imaging
C. Follow-Up Treatment
[Detail all follow-up medical treatment, specialists, surgeries, physical therapy, mental health treatment, etc.]
D. Prognosis
[Describe current status, permanent conditions, future treatment needs]
VI. DAMAGES
A. Medical Expenses
| Provider | Service | Amount Billed |
|---|---|---|
| [Ambulance Service] | Emergency Transport | $[Amount] |
| [Hospital] | Emergency Department | $[Amount] |
| [Hospital] | Rabies PEP Series | $[Amount] |
| [Follow-up providers] | [Services] | $[Amount] |
| [Plastic Surgeon] | [Services] | $[Amount] |
| [Mental Health] | Therapy | $[Amount] |
| TOTAL PAST MEDICAL | $[Total] |
B. Future Medical Expenses
| Treatment | Estimated Cost |
|---|---|
| Future Scar Revision Surgery | $[Amount] |
| Continued Mental Health Treatment | $[Amount] |
| Future Medications | $[Amount] |
| TOTAL FUTURE MEDICAL | $[Total] |
C. Lost Wages
| Category | Amount |
|---|---|
| Lost Wages ([dates]) | $[Amount] |
| Lost PTO/Sick Time | $[Amount] |
| TOTAL LOST WAGES | $[Total] |
D. Pain and Suffering
Physical Pain:
Our client has endured excruciating pain from the initial attack, wound treatment, rabies vaccinations, surgical procedures, and ongoing recovery.
Emotional Distress:
Our client suffers from PTSD, fear of dogs, anxiety, and ongoing psychological trauma requiring professional treatment.
Permanent Disfigurement:
Our client has permanent, visible scarring on [body parts] that causes ongoing embarrassment and self-consciousness.
Loss of Enjoyment of Life:
Our client can no longer [describe activities affected by fear of dogs, physical limitations, etc.].
E. Summary of Damages
| Category | Amount |
|---|---|
| Past Medical Expenses | $[Amount] |
| Future Medical Expenses | $[Amount] |
| Past Lost Wages | $[Amount] |
| TOTAL ECONOMIC DAMAGES | $[Subtotal] |
| Pain and Suffering | $[Amount] |
| Permanent Disfigurement | $[Amount] |
| Emotional Distress / PTSD | $[Amount] |
| Loss of Enjoyment of Life | $[Amount] |
| TOTAL NON-ECONOMIC DAMAGES | $[Subtotal] |
| TOTAL DAMAGES | $[Grand Total] |
VII. SETTLEMENT DEMAND
A. Demand Amount
Based upon the clear liability of the dog owner under O.C.G.A. Section 51-2-7 and common law negligence, the severity of our client's injuries, and the substantial damages incurred, we hereby demand:
$[DEMAND AMOUNT]
[OR - Policy Limits Demand:]
TENDER OF FULL POLICY LIMITS OF $[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
This demand reflects:
- Medical expenses of $[Amount]
- Lost wages of $[Amount]
- The permanent nature of the scarring and psychological trauma
- Comparable verdicts and settlements in Georgia for similar attacks
- The strength of liability given the leash law violation and statutory presumption
VIII. INSURANCE COVERAGE
We demand disclosure of all applicable insurance coverage, including:
- [ ] Homeowner's insurance policy declarations page
- [ ] Renter's insurance policy (if applicable)
- [ ] Umbrella/excess liability policy
- [ ] Any exclusions or limitations for animal-related claims
- [ ] All policy limits applicable to this claim
IX. DOCUMENTATION ENCLOSED
- [ ] Medical records and bills from all providers
- [ ] Photographs of injuries
- [ ] Police/Animal Control incident report
- [ ] [County] County Animal Control records
- [ ] Witness statements
- [ ] Employment records and wage verification
- [ ] Local leash ordinance
X. CONCLUSION
This was a vicious, unprovoked attack by a dangerous animal in violation of Georgia law. The owner's violation of the local leash ordinance establishes the dog's dangerous propensity as a matter of law under O.C.G.A. Section 51-2-7. Our client was an innocent victim who has suffered permanent physical and psychological injuries.
We are prepared to file suit in the Superior Court of [County] County, Georgia if this matter cannot be resolved promptly and fairly.
Please contact me at your earliest convenience to discuss settlement.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Georgia Bar No. [Number]
Attorney for [Client Name]
ENCLOSURES: [List]
cc: [Client Name]
File
GEORGIA-SPECIFIC PRACTICE NOTES
-
[ ] Modified One-Bite Rule: Georgia requires proof of scienter (knowledge of dangerous propensities), BUT violation of a leash law creates a presumption of vicious propensity under O.C.G.A. Section 51-2-7.
-
[ ] Leash Law Critical: Always identify the applicable local leash ordinance. This significantly strengthens the case.
-
[ ] Comparative Negligence: Georgia's 50% bar rule means provocation or contributory fault over 50% is a complete bar. Ensure client did nothing to provoke the attack.
-
[ ] Dangerous Dog Registry: Check O.C.G.A. Section 4-8-20 et seq. for prior dangerous dog classifications.
-
[ ] No Strict Liability: Georgia does NOT impose strict liability for dog bites. Scienter or negligence must be proven.
-
[ ] Venue: Superior Court of the county where the attack occurred or where defendant resides.