DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK
COMMONWEALTH OF KENTUCKY
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Kentucky ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the Commonwealth of Kentucky
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, Kentucky. The attack was perpetrated by a [Breed] dog owned by [Dog Owner Name]. This letter constitutes our formal demand for settlement under Kentucky law.
I. KENTUCKY-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations - CRITICAL
IMPORTANT: Under KRS Section 413.140(1)(a), the statute of limitations for personal injury claims in Kentucky is one (1) year from the date of injury. This is shorter than most states. This attack occurred on [Date], and therefore the limitations period expires on [Expiration Date].
Time is of the essence in responding to this demand.
B. Kentucky Strict Liability - KRS Section 258.235(4)
Kentucky is a strict liability state for dog bites. Under KRS Section 258.235(4):
"Any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage."
C. Key Elements Under Kentucky Strict Liability
Under KRS Section 258.235(4), a plaintiff must prove:
- The defendant owned the dog; AND
- The dog caused damage to the plaintiff.
No proof of prior viciousness or owner knowledge is required. Kentucky imposes true strict liability on dog owners for all damages caused by their dogs.
D. Kentucky Pure Comparative Fault
Kentucky follows pure comparative fault under KRS Section 411.182. A plaintiff may recover damages even if they are more than 50% at fault, though recovery is reduced by the plaintiff's percentage of fault. This is one of the most plaintiff-friendly negligence standards.
Our client bears absolutely no responsibility for this attack.
E. Relevant Kentucky Case Law
- Benningfield v. Zinsmeister, 367 S.W.3d 561 (Ky. 2012) - Application of KRS Section 258.235(4)
- Smith v. Smith, 563 S.W.3d 14 (Ky. 2018) - Dog owner strict liability
- Laubheimer v. Williams, 619 S.W.3d 1 (Ky. Ct. App. 2020) - Landlord liability
- Pryor v. Webber, 263 S.W.2d 90 (Ky. 1954) - Traditional dog owner liability
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 KRS Section 258.095
- [ ] 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 Kentucky 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, Kentucky.
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 KRS Section 258.235(4)
1. Ownership: [Dog Owner Name] owned the dog that attacked our client. This element is undisputed.
2. Damage Caused: The dog caused damage to our client in the form of severe bite injuries, scarring, and psychological trauma.
Under the plain language of KRS Section 258.235(4), these two elements establish liability as a matter of law.
C. 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]
IV. LIABILITY ANALYSIS
A. Strict Liability Under KRS Section 258.235(4)
Liability is established as a matter of law under Kentucky's strict liability statute:
1. Ownership: [Dog Owner Name] owned the dog that attacked our client.
2. Damage: The dog caused damage to our client - bite injuries, scarring, medical expenses, lost wages, pain and suffering, and psychological trauma.
As the Kentucky Supreme Court held in Benningfield v. Zinsmeister, 367 S.W.3d 561 (Ky. 2012): "KRS 258.235(4) creates strict liability for any owner whose dog is found to have caused damage."
Under KRS Section 258.235(4), liability is established regardless of:
- Whether the dog had ever bitten anyone before
- Whether the owner knew of any dangerous propensities
- Whether the owner exercised reasonable care
- Whether the victim was trespassing (comparative fault may apply)
B. Kentucky Dangerous Dog Law - KRS Section 258.095
Under KRS Section 258.095, a dog may be declared "vicious" if it has caused serious physical injury or death. If this dog was previously declared vicious, the owner was required to comply with strict confinement and notification requirements.
[If applicable:] This dog was previously declared a "vicious dog" under KRS Section 258.095, creating additional grounds for liability and potential criminal penalties for the owner.
C. Alternative Negligence Theory
In addition to strict liability, the owner is liable under traditional negligence principles:
Duty: Dog owners in Kentucky 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 Kentucky law.
E. Landlord Liability (If Applicable)
[If attack occurred on rental property:]
Under Kentucky law, a landlord may be held liable for injuries caused by a tenant's dog when the landlord:
- [ ] Harbored or kept the dog
- [ ] 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
See Laubheimer v. Williams, 619 S.W.3d 1 (Ky. Ct. App. 2020).
[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., UK Chandler Hospital, University of Louisville Hospital, Norton Hospital, 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
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 strict liability imposed by KRS Section 258.235(4), 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
URGENT - ONE-YEAR STATUTE OF LIMITATIONS
Given Kentucky's short one-year statute of limitations, this demand will remain open for twenty-one (21) days from the date of this letter, through and including [Expiration Date].
Failure to respond promptly will result in the immediate filing of suit to protect our client's rights.
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 Kentucky for similar attacks
- The strength of strict liability under KRS Section 258.235(4)
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 Kentucky's strict liability statute, KRS Section 258.235(4), the dog owner is liable for all damage caused by the dog. 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.
Given the one-year statute of limitations, we urge prompt resolution of this matter. We are prepared to file suit in the [County] Circuit Court, Commonwealth of Kentucky, if this matter cannot be resolved within the time frame specified above.
Please contact me at your earliest convenience to discuss settlement.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
Kentucky Bar No. [Number]
Attorney for [Client Name]
ENCLOSURES: [List]
cc: [Client Name]
File
KENTUCKY-SPECIFIC PRACTICE NOTES
-
[ ] ONE-YEAR STATUTE OF LIMITATIONS: Kentucky has a 1-year SOL for personal injury. Act quickly!
-
[ ] Strict Liability State: Kentucky imposes strict liability under KRS Section 258.235(4). No need to prove prior viciousness or owner knowledge.
-
[ ] Pure Comparative Fault: Kentucky allows recovery even if plaintiff is more than 50% at fault.
-
[ ] No Damage Caps: Kentucky does not cap compensatory damages in dog bite cases.
-
[ ] Vicious Dog Law: KRS Section 258.095 provides for vicious dog designations. Check for prior classifications.
-
[ ] Venue: Circuit Court of the county where the attack occurred or where defendant resides.
-
[ ] Louisville/Jefferson County: Be aware of consolidated local government rules in Louisville Metro.