DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

STATE OF LOUISIANA

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Louisiana ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Louisiana

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]
Parish: [Parish Name]
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 [Parish] Parish, Louisiana. The attack was perpetrated by a [Breed] dog owned by [Dog Owner Name]. This letter constitutes our formal demand for settlement under Louisiana law.

I. LOUISIANA-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations (Prescription) - CRITICAL

IMPORTANT: Under Louisiana Civil Code article 3492, the prescriptive period (statute of limitations) for delictual actions (personal injury claims) is one (1) year from the date of injury. This is shorter than most states.

This attack occurred on [Date], and therefore the prescriptive period expires on [Expiration Date].

Time is of the essence in responding to this demand.

B. Louisiana Strict Liability - La. Civ. Code art. 2321

Louisiana imposes strict liability on dog owners under Louisiana Civil Code article 2321:

"The owner of an animal is answerable for the damage caused by the animal. However, he is answerable for the damage only upon a showing that he knew or, in the exercise of reasonable care, should have known that his animal's behavior would cause damage, that the damage could have been prevented by the exercise of reasonable care, and that he failed to exercise such reasonable care. Nonetheless, the owner of a dog is strictly liable for damages for injuries to persons or property caused by the dog and which the owner could have prevented and which did not result from the injured person's provocation of the dog. This paragraph does not apply to a dog that is owned, or the service of which is employed, by any state or local government law enforcement agency and that bites or injures a person when the dog is performing law enforcement duties as directed, and lawfully, by a peace officer."

C. Key Elements Under Louisiana Strict Liability

Under La. Civ. Code art. 2321, a plaintiff must prove:

1. The defendant owned the dog;
2. The dog caused injury to the plaintiff;
3. The owner could have prevented the injury; AND
4. The injury did not result from provocation of the dog by the injured person.

No proof of prior viciousness or owner knowledge is required for dog owners. Louisiana imposes strict liability specifically on dog owners (as opposed to owners of other animals).

D. Louisiana Pure Comparative Fault

Louisiana follows pure comparative fault under Louisiana Civil Code article 2323. 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.

Our client bears absolutely no responsibility for this attack.

E. Relevant Louisiana Case Law

• Pepper v. Triplet, 864 So. 2d 181 (La. 2004) - Interpretation of La. Civ. Code art. 2321
• Holland v. Buckley, 305 So. 2d 113 (La. 1974) - Dog owner liability
• Lapointe v. Irby, 2016-0628 (La. App. 1 Cir. 12/22/16) - Modern application of strict liability
• Landry v. Samaha, 558 So. 2d 1207 (La. App. 3d Cir. 1990) - Provocation defense

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
• [ ] [Parish] Parish 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
• [ ] 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)

Louisiana 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," "delivering packages," "in [his/her] own yard," etc.] in [City], [Parish] Parish, Louisiana.

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/Parish] 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 La. Civ. Code art. 2321

1. Ownership: [Dog Owner Name] owned the dog that attacked our client. This element is undisputed.

2. Injury Caused: The dog caused injury to our client in the form of severe bite wounds, scarring, and psychological trauma.

3. Preventable: The owner could have prevented the injury by:
- [ ] Properly restraining the dog on a leash
- [ ] Properly confining the dog to the property
- [ ] Maintaining secure fencing
- [ ] Using a muzzle if the dog had known aggressive tendencies
- [ ] Supervising the dog adequately

4. No Provocation: Our client did not provoke the dog in any manner.

C. No Provocation Defense

Under La. Civ. Code art. 2321, provocation by the injured person is a defense. 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]

Louisiana courts have defined provocation narrowly. Mere presence or ordinary behavior does not constitute provocation. See Landry v. Samaha, 558 So. 2d 1207 (La. App. 3d Cir. 1990).

IV. LIABILITY ANALYSIS

A. Strict Liability Under La. Civ. Code art. 2321

Liability is established as a matter of law under Louisiana's strict liability statute:

1. Ownership: [Dog Owner Name] owned the dog that attacked our client.

2. Injury: The dog caused injury to our client, as documented in medical records.

3. Preventability: The injury could have been prevented by the owner through proper restraint, confinement, or supervision of the dog.

4. No Provocation: Our client did not provoke the dog.

As the Louisiana Supreme Court explained in Pepper v. Triplet, 864 So. 2d 181 (La. 2004), the 1996 amendment to Article 2321 "imposes strict liability on the owner of a dog for injuries caused by the dog."

B. Alternative Negligence Theory

In addition to strict liability, the owner is liable under traditional negligence principles (La. Civ. Code art. 2315):

Duty: Dog owners in Louisiana 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/Parish] leash ordinance
- [ ] [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/Parish Municipal Code Section] (leash ordinance) constitutes negligence per se under Louisiana law.

D. Landlord Liability (If Applicable)

[If attack occurred on rental property:]

Under Louisiana 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].

E. Keeper Liability

Under La. Civ. Code art. 2321, not only the owner but also any person who has custody or control of an animal may be liable. If another party (other than the owner) had custody of the dog at the time of the attack, that party is also liable.

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., Ochsner, Tulane Medical Center, Our Lady of the Lake, 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

B. Future Medical Expenses

C. Lost Wages

D. Pain and Suffering (General Damages)

Under Louisiana law, general damages include:

Physical Pain:
Our client has endured excruciating pain from the initial attack, wound treatment, rabies vaccinations, surgical procedures, and ongoing recovery.

Mental Anguish and 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

VII. SETTLEMENT DEMAND

A. Demand Amount

Based upon the strict liability imposed by La. Civ. Code art. 2321, 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 PRESCRIPTIVE PERIOD

Given Louisiana's short one-year prescriptive period, 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:
- Special damages of $[Amount]
- General damages consistent with Louisiana jurisprudence
- The permanent nature of the scarring and psychological trauma
- Comparable verdicts and settlements in Louisiana for similar attacks
- The strength of strict liability under La. Civ. Code art. 2321

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
• [ ] [Parish] Parish Animal Control records
• [ ] Witness statements
• [ ] Employment records and wage verification

X. CONCLUSION

Under Louisiana Civil Code article 2321, the dog owner is strictly liable for all damages caused by the dog. Our client was lawfully present and did not provoke the attack when the owner's dog viciously bit [him/her], causing permanent physical and psychological injuries.

Given the one-year prescriptive period, we urge prompt resolution of this matter. We are prepared to file suit in the [Judicial District Court / Civil District Court for the Parish of Orleans / etc.], [Parish] Parish, Louisiana, 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]
Louisiana Bar No. [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
File

LOUISIANA-SPECIFIC PRACTICE NOTES

• [ ] ONE-YEAR PRESCRIPTIVE PERIOD: Louisiana has a 1-year statute of limitations (prescription). Act quickly!

• [ ] Strict Liability for Dog Owners: La. Civ. Code art. 2321 imposes strict liability specifically on dog owners. For other animals, scienter may be required.

• [ ] Pure Comparative Fault: Louisiana allows recovery even if plaintiff is more than 50% at fault.

• [ ] No Damage Caps: Louisiana does not cap compensatory damages in dog bite cases.

• [ ] Civil Law System: Louisiana follows civil law tradition. Reference to Civil Code articles is essential.

• [ ] Special vs. General Damages: Louisiana distinguishes between special damages (medical, lost wages) and general damages (pain and suffering).

• [ ] Venue: District Court of the parish where the attack occurred or where defendant resides.

• [ ] Orleans Parish: Be aware of specific rules in Orleans Parish Civil District Court.