DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK
STATE OF KANSAS
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Kansas ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Kansas
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, Kansas. The attack was perpetrated by a [Breed] dog owned by [Dog Owner Name]. This letter constitutes our formal demand for settlement under Kansas law.
I. KANSAS-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under K.S.A. Section 60-513(a)(4), the statute of limitations for personal injury claims in Kansas is two (2) years from the date of injury. This attack occurred on [Date], and therefore the limitations period expires on [Expiration Date].
B. Kansas Strict Liability - K.S.A. Section 47-645
Kansas is a strict liability state for dog bites. Under K.S.A. Section 47-645:
"The owner or harborer of a dog shall be liable for damages to persons or property when such dog, without provocation, bites or injures any person who is:
(a) On or in a public place; or
(b) lawfully on or in a private place, including the property of the owner or harborer of such dog."
C. Key Elements Under Kansas Strict Liability
Under K.S.A. Section 47-645, a plaintiff must prove:
- The defendant owned or harbored the dog;
- The dog bit or injured the plaintiff;
- Without provocation; AND
- The plaintiff was in a public place OR lawfully in a private place.
No proof of prior viciousness or owner knowledge is required. Kansas imposes true strict liability on dog owners.
D. Kansas Comparative Fault
Kansas follows modified comparative fault under K.S.A. Section 60-258a. A plaintiff may recover damages only if their fault is less than the fault of the defendant(s). 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. Kansas Non-Economic Damage Cap
IMPORTANT: Kansas caps non-economic damages in personal injury cases under K.S.A. Section 60-19a02. The current cap is approximately $325,000 (adjusted periodically for inflation). This cap applies to pain and suffering, emotional distress, and similar non-economic damages. Economic damages (medical expenses, lost wages) are NOT capped.
F. Relevant Kansas Case Law
- Weiss v. Aumiller, 22 Kan. App. 2d 733, 922 P.2d 1129 (1996) - Application of K.S.A. Section 47-645
- Lane v. Holm, 223 Kan. 710, 576 P.2d 1066 (1978) - Dog owner liability
- Pullen v. West, 278 Kan. 183, 92 P.3d 584 (2004) - Premises liability principles
- Martinez v. Milburn Enterprises, Inc., 233 Kan. 897, 666 P.2d 1186 (1983) - Comparative fault
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 designations under K.S.A. Section 47-646
- [ ] 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)
Destruction of any evidence, including euthanasia of the animal without proper notice and opportunity for examination, may result in adverse inferences and sanctions under Kansas law.
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," "delivering packages," "in [his/her] own yard," etc.] in [City], [County] County, Kansas.
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. Statutory Elements Under K.S.A. Section 47-645
1. Ownership/Harboring: [Dog Owner Name] owned or harbored the dog that attacked our client. This element is undisputed.
2. Bite or Injury: The dog bit our client, causing the severe injuries documented herein.
3. No Provocation: Our client did nothing to provoke the attack. [He/She] did not tease, torment, abuse, or antagonize the dog.
4. Location: Our client was:
- [ ] In a public place (sidewalk, street, park)
- [ ] Lawfully on private property as an invitee/guest
- [ ] On [his/her] own property
C. No Provocation
Under Kansas law, provocation is a defense to strict liability. 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]
IV. LIABILITY ANALYSIS
A. Strict Liability Under K.S.A. Section 47-645
Liability is established as a matter of law under Kansas' strict liability statute:
1. Ownership/Harboring: [Dog Owner Name] owned or harbored the dog.
2. Bite/Injury: The dog bit and injured our client, as documented in medical records.
3. No Provocation: Our client did nothing to provoke the attack.
4. Proper Location: Our client was [in a public place / lawfully on private property].
Under K.S.A. Section 47-645, these elements establish liability regardless of:
- Whether the dog had ever bitten anyone before
- Whether the owner knew of any dangerous propensities
- Whether the owner exercised reasonable care
B. Kansas Dangerous Dog Act - K.S.A. Section 47-646
[If applicable:] Under K.S.A. Section 47-646, a dog that has been declared "dangerous" is subject to additional requirements. If this dog was previously declared dangerous, the owner was required to comply with strict confinement and notification requirements. Failure to comply creates additional liability.
C. Alternative Negligence Theory
In addition to strict liability, the owner is liable under traditional negligence principles:
Duty: Dog owners in Kansas owe a duty of reasonable care to prevent their animals from causing harm.
Breach: The owner breached this duty by:
- [ ] Failing to properly restrain the dog on a leash
- [ ] Failing to properly confine the dog to the property
- [ ] Failing to maintain secure fencing
- [ ] Failing to warn of the dog's presence or propensities
- [ ] Violating the [City/County] leash ordinance
- [ ] [Other breaches]
Causation: The breach directly caused our client's injuries.
Damages: Our client suffered substantial damages as detailed below.
D. Negligence Per Se
The dog owner's violation of [City/County Municipal Code Section] (leash law) constitutes negligence per se under Kansas law.
E. Landlord Liability (If Applicable)
[If attack occurred on rental property:]
Under Kansas law, a landlord may be held liable for injuries caused by a tenant's dog 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 despite knowledge of danger
[Landlord Name], as owner of the premises at [Address], is also liable because [describe basis for landlord liability].
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 - e.g., University of Kansas Medical Center, Wesley Medical Center, etc.] 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
Note: Kansas law caps non-economic damages at approximately $325,000 under K.S.A. Section 60-19a02. This demand accounts for this limitation.
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] |
Non-economic damages subject to K.S.A. Section 60-19a02 cap.
VII. SETTLEMENT DEMAND
A. Demand Amount
Based upon the strict liability imposed by K.S.A. Section 47-645, the severity of our client's injuries, and the substantial damages incurred (accounting for the non-economic damage cap), 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]
- Non-economic damages within the statutory cap
- Comparable verdicts and settlements in Kansas for similar attacks
- The strength of strict liability under K.S.A. Section 47-645
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
X. CONCLUSION
Under Kansas' strict liability statute, K.S.A. Section 47-645, the dog owner is liable for our client's injuries as a matter of law. Our client was lawfully present and did nothing to provoke the attack when the owner's dog viciously bit [him/her], causing permanent physical and psychological injuries.
We are prepared to file suit in the District Court of [County] County, Kansas, 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]
Kansas Bar No. [Number]
Attorney for [Client Name]
ENCLOSURES: [List]
cc: [Client Name]
File
KANSAS-SPECIFIC PRACTICE NOTES
-
[ ] Strict Liability State: Kansas imposes strict liability under K.S.A. Section 47-645. No need to prove prior viciousness or owner knowledge.
-
[ ] Provocation Defense: The only defense is provocation. Document that client did nothing to provoke.
-
[ ] Non-Economic Damage Cap: K.S.A. Section 60-19a02 caps non-economic damages at approximately $325,000. Verify current cap amount (adjusted periodically).
-
[ ] Economic Damages NOT Capped: Medical expenses and lost wages are not subject to any cap.
-
[ ] Comparative Fault: Kansas follows the 50% bar rule. Provocation arguments may reduce or bar recovery.
-
[ ] Dangerous Dog Act: K.S.A. Section 47-646 provides additional requirements for dangerous dogs. Check for prior designations.
-
[ ] Venue: District Court of the county where the attack occurred or where defendant resides.