DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

COMMONWEALTH OF MASSACHUSETTS

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

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 [City/Town], [County] County, Massachusetts. The attack was perpetrated by a [Breed] dog owned by [Dog Owner Name]. This letter constitutes our formal demand for settlement pursuant to Massachusetts law.

I. MASSACHUSETTS-SPECIFIC LEGAL FRAMEWORK

A. Massachusetts Strict Liability Dog Bite Statute

Massachusetts is a strict liability state for dog bite injuries. Mass. Gen. Laws ch. 140, Section 155 provides:

"If any dog shall do any damage to either the body or property of any person, the owner or keeper of such dog shall be liable for such damage, unless such damage shall have been occasioned to the body or property of a person who, at the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing such dog."

This statute imposes absolute liability on dog owners and keepers without requiring proof of:
- Prior viciousness or dangerous propensities
- The owner's knowledge of such propensities
- Negligence on the part of the owner

B. Statute of Limitations

Under Mass. Gen. Laws ch. 260, Section 2A, the statute of limitations for personal injury claims, including dog bite cases, is three (3) years from the date of the attack. This claim arises from an attack that occurred on [Date], and therefore the limitations period expires on [Expiration Date].

C. Modified Comparative Negligence

Massachusetts follows a modified comparative negligence rule under Mass. Gen. Laws ch. 231, Section 85. A plaintiff's recovery is reduced by their percentage of fault, but recovery is barred entirely if the plaintiff is more than 50% at fault.

However, under the dog bite statute (Section 155), the only defenses available are:
1. Trespass or other tort by the victim
2. Teasing, tormenting, or abusing the dog

Our client was not engaged in any such conduct. The strict liability statute applies in full.

D. "Owner or Keeper" Liability

The Massachusetts statute applies to both "owners" and "keepers" of dogs. Under Massachusetts case law, a "keeper" is one who harbors the dog or has custody or control of it. Barletta v. Dani, 12 Mass. App. Ct. 956 (1981).

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
• Dog license and registration documents
• 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 Mass. Gen. Laws ch. 140, Section 157
• 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

Destruction of any evidence may constitute spoliation and will result in adverse inferences and sanctions under Massachusetts law. Fletcher v. Dorchester Mut. Ins. Co., 437 Mass. 544 (2002).

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," "in [his/her] own yard," etc.] in [City/Town], [County] County, Massachusetts.

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 local leash law," "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 Defenses Do Not Apply

Under Mass. Gen. Laws ch. 140, Section 155, the only defenses to strict liability are:
1. The victim was trespassing or committing another tort
2. The victim was teasing, tormenting, or abusing the dog

Neither defense applies here:

No Trespass: Our client was [describe lawful presence]:
- On a public way (sidewalk, street, park)
- An invited guest on the dog owner's property
- On [his/her] own property
- Lawfully present in [describe location]

No Teasing, Tormenting, or Abuse: Our client did not interact with the dog prior to the attack. [He/She] was:
- Not approaching or touching the dog
- Not engaging in any provocative behavior
- Not making aggressive gestures or sounds
- Simply [describe peaceful activity]

The attack was entirely unprovoked and without justification.

C. Post-Attack Response

Following the attack:

• Emergency medical services were summoned
• [City/Town] Animal Control was notified
• An incident report was prepared (Report No. [Number])
• The animal was quarantined for rabies observation per 330 CMR 10.00
• Photographs of injuries were taken
• Witness information was obtained

IV. LIABILITY ANALYSIS

A. Strict Liability Under Mass. Gen. Laws ch. 140, Section 155

Massachusetts imposes strict liability on dog owners and keepers. The elements are:

1. The defendant owned or kept the dog - [Dog Owner Name] owns/keeps the [Breed] dog that attacked our client.

2. The dog caused damage to the plaintiff's body or property - The dog bit and injured our client, causing the damages described herein.

3. No statutory defense applies - Our client was not trespassing, committing a tort, or teasing, tormenting, or abusing the dog.

Liability is established as a matter of law.

B. Additional Negligence Claims

While strict liability applies, the dog owner was also negligent:

1. Negligence Per Se

The dog owner violated local ordinances, establishing negligence per se:
- [City/Town] Leash Law Ordinance
- [City/Town] Dog Control Regulations
- Mass. Gen. Laws ch. 140, Section 173 (if dog was unlicensed)

2. Common Law Negligence

[Dog Owner Name] breached the duty of care by:
- Failing to properly secure the animal on the property
- Allowing the animal to roam at large
- Failing to maintain adequate fencing
- Failing to adequately supervise the animal
- [Other specific breaches]

C. Dangerous Dog Designation (If Applicable)

[USE IF DOG HAS PRIOR DANGEROUS DOG DESIGNATION]

Under Mass. Gen. Laws ch. 140, Section 157, the [City/Town] has designated this dog as a "dangerous dog" following [prior incident]. The owner's failure to comply with the conditions imposed following that designation constitutes additional evidence of negligence.

D. Landlord/Property Owner Liability (If Applicable)

[USE IF ATTACK OCCURRED ON RENTAL PROPERTY]

Under Massachusetts law, a landlord who harbors a tenant's dog or exercises control over it may be considered a "keeper" under Section 155. Nutt v. Florio, 75 Mass. App. Ct. 482 (2009).

[Landlord Name] is liable because:
- The landlord knew of the dog's presence on the property
- The landlord exercised control over the premises
- The landlord had the authority to require removal of the animal
- [Describe any evidence of landlord's keeper status]

V. INJURIES AND MEDICAL TREATMENT

A. Description of Injuries

The attack caused severe and permanent 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
- Infection (including risk of rabies exposure)

Scarring and Disfigurement:
- Permanent scarring to [body parts]
- Disfigurement requiring plastic surgery

Psychological Injuries:
- Post-Traumatic Stress Disorder (PTSD)
- Cynophobia (fear of dogs)
- Anxiety and panic attacks
- Depression

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

C. Follow-Up Treatment

Wound Care:
- Provider: [Wound Care Specialist / Primary Care]
- Dates: [Treatment dates]
- Treatment: [Describe wound care protocol]

Plastic/Reconstructive Surgery:
- Surgeon: [Surgeon Name]
- Procedures: [Describe procedures]
- Dates: [Surgery dates]

Mental Health Treatment:
- Provider: [Therapist/Psychiatrist Name]
- Treatment: [PTSD treatment, therapy, medication]
- Duration: [Ongoing / Number of sessions]

D. Current Status and Prognosis

Physical Status:
- Permanent scarring on [body parts]
- Nerve damage resulting in [numbness / tingling / weakness]
- [Other permanent physical effects]

Psychological Status:
- PTSD symptoms triggered by dogs
- Ongoing anxiety and hypervigilance
- [Other psychological effects]

Future Treatment:
- Additional scar revision surgery anticipated
- Ongoing mental health treatment required

VI. DAMAGES

A. Medical Expenses

B. Future Medical Expenses

C. Lost Wages

D. Pain and Suffering

Physical Pain:
- Excruciating pain from the attack itself
- Pain from wound care, debridement, and suturing
- Pain from rabies vaccination series
- Ongoing pain from scarring and nerve damage

Emotional Distress:
- Terror during the attack
- PTSD symptoms disrupting daily life
- Fear of dogs limiting normal activities
- Depression related to disfigurement

Permanent Disfigurement:
- Visible, permanent scarring on [body parts]
- Impact on self-image and personal relationships

Loss of Enjoyment of Life:
- Unable to enjoy outdoor activities due to fear of dogs
- Avoidance behaviors affecting daily life

Note: Massachusetts does not cap non-economic damages in personal injury cases.

E. Summary of Damages

VII. SETTLEMENT DEMAND

A. Demand Amount

Based upon the strict liability of the dog owner under Mass. Gen. Laws ch. 140, Section 155, the severity and permanence 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 specials of $[Amount]
- Lost wages of $[Amount]
- Appropriate compensation for pain, suffering, and disfigurement
- The permanent nature of the scarring and psychological trauma
- The strength of strict liability in Massachusetts

VIII. INSURANCE COVERAGE ISSUES

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

Breed-Specific Exclusions:

If any breed-specific exclusion exists, we demand complete documentation. If coverage has been denied, we will pursue the dog owner personally for the full amount of damages.

IX. DOCUMENTATION ENCLOSED

• Medical records and bills from all providers
• Photographs of injuries (immediately after attack and during healing)
• [City/Town] Animal Control incident report
• Witness statements
• Employment records and wage verification
• Mental health treatment records
• HIPAA authorizations

X. CONCLUSION

This was a vicious, unprovoked attack by a dangerous animal. Under Massachusetts' strict liability dog bite statute, Mass. Gen. Laws ch. 140, Section 155, the dog owner is liable as a matter of law. There are no applicable statutory defenses.

We are prepared to file suit in the [Superior Court / District Court] for [County] County if necessary, and we are confident that a judgment would be entered in our client's favor given the absolute nature of the statutory liability.

We urge you to resolve this matter promptly and fairly. Please contact me at your earliest convenience to discuss settlement.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Board of Bar Overseers No. [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[File]

MASSACHUSETTS-SPECIFIC PRACTICE NOTES

• Strict Liability: Mass. Gen. Laws ch. 140, Section 155 is one of the strongest dog bite statutes in the country - no need to prove prior viciousness or negligence.

• Limited Defenses: Only defenses are trespass/tort and teasing/tormenting/abuse. Document carefully to negate these defenses.

• "Keeper" Liability: Statute applies to both owners and keepers - may expand liability to landlords, dog-sitters, etc.

• No Damage Caps: Massachusetts does not cap non-economic damages in personal injury cases.

• Dangerous Dog Law: Mass. Gen. Laws ch. 140, Sections 157-157A provide for dangerous dog designations - check for prior history.

• Children Under 7: Under Section 155, a child under 7 is presumed not to have committed trespass or tort - extremely favorable provision.

• Municipal Ordinances: Many Massachusetts cities and towns have additional leash laws and animal control ordinances - verify local requirements.

• Ch. 93A: In rare cases involving insurance bad faith, consider Massachusetts Consumer Protection Act claims.