Dog Bite Demand Letter - Massachusetts

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 injuries sustained when a dog [describe incident] on [Date of Attack] in [City/Town], [County] County, Massachusetts. [Dog Owner Name] [owned/kept] the dog. This letter states our demand for settlement.

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, or if the owner or keeper be a minor, the parent or guardian of such minor, 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. If a minor, on whose behalf an action under this section is brought, is under seven years of age at the time the damage was done, it shall be presumed that such minor was not committing a trespass or other tort, or teasing, tormenting or abusing such dog, and the burden of proof thereof shall be upon the defendant in such action."

Subject to its stated exceptions, the statute does not require 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

Mass. Gen. Laws ch. 260, Section 2A generally requires a covered tort action to be commenced within three (3) years after the cause of action accrues. The attack occurred on [Date]. After reviewing accrual and any applicable exception, counsel calculates the filing deadline as [DATE AND BASIS].

C. Modified Comparative Negligence

For a separate negligence claim, Mass. Gen. Laws ch. 231, Section 85 reduces damages in proportion to the plaintiff's negligence and bars recovery when the plaintiff's negligence is greater than the total negligence of the persons against whom recovery is sought.

Section 155 instead identifies these claimant-conduct exceptions to its owner-or-keeper liability rule:

1. Trespass or other tort by the victim
2. Teasing, tormenting, or abusing the dog

On the documented facts, our client was not engaged in any such conduct. We contend that Section 155 applies.

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 "with an assumption of custody, management and control of the dog." Maillet v. Mininno, 266 Mass. 86, 89 (1929).

II. PRESERVATION REQUEST

Please preserve relevant materials within your possession or control relating to this attack and the dog, including:

• Photographs and identifying records of the dog, and notice of any transfer, euthanasia, or loss when practicable
• 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

Please tell us if any requested material is unavailable or subject to a required disposition. This request does not itself determine whether a preservation duty or remedy applies. Fletcher v. Dorchester Mut. Ins. Co., 437 Mass. 544 (2002), addresses the limits of a nonparty's preservation duty.

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 claimant-conduct exceptions 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])
• [Confirm whether the Animal Inspector ordered the ten-day quarantine described in 330 CMR 10.05(1), and record the order and dates]
• 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.

On the documented facts, we contend that the owner or keeper is liable under Section 155.

B. Additional Negligence Claims

If the evidence supports a separate negligence theory against the owner or keeper, identify the conduct, applicable duty, causation, and injury:

1. Statutory or Local Violations as Evidence of Negligence

Possible statutory or local violations, if supported by records:

• [City/Town] Leash Law Ordinance [exact provision and conduct] (municipalities may enact compatible animal-control by-laws under Mass. Gen. Laws ch. 140, Section 173)
• [City/Town] Dog Control Regulation [exact provision and conduct]
• Mass. Gen. Laws ch. 140, Section 137 [dog's age, licensing status, and applicable exception]

A proved safety-rule violation may be evidence of negligence when the rule was intended to prevent the incident; it does not establish negligence by itself. Massachusetts Superior Court Model Civil Jury Instructions, Negligence on Premises (2021).

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]

If a prior order under Mass. Gen. Laws ch. 140, Section 157 designated this dog as dangerous, identify the order and its conditions. If a condition was violated, identify the violation and how it relates to this injury when evaluating a separate negligence theory.

D. Landlord/Property Owner Liability (If Applicable)

[USE IF ATTACK OCCURRED ON RENTAL PROPERTY]

A landlord is generally not a Section 155 "keeper" merely by owning the premises and permitting a tenant's dog; keeper status requires actual harboring with an assumption of custody, management, and control (Maillet v. Mininno, 266 Mass. 86 (1929)). A landlord may, however, be liable under common-law negligence where the landlord had notice of the dog's dangerous propensities and the ability to control or remove it. Nutt v. Florio, 75 Mass. App. Ct. 482 (2009) (reversing summary judgment for landlords on the negligence count where the record showed prior complaints about an aggressive, unrestrained pit bull).

[If pursuing a separate negligence theory against a landlord, identify evidence for each disputed element:]

• The landlord had notice of the dog's presence and its dangerous or aggressive propensities (e.g., prior complaints)
• The landlord had the ability to control the premises and to require removal of the animal
• The landlord failed to act despite that notice and ability
• [Describe evidence of the landlord's notice and control]

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

Confirm the applicable damages rules and any case-specific limit before sending this demand.

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 an unprovoked attack by [DOG DESCRIPTION]. Based on the facts stated above, we contend that the owner or keeper is liable under Mass. Gen. Laws ch. 140, Section 155 and that its listed exceptions do not apply.

We are prepared to file suit in the [Superior Court / District Court] for [County] County if necessary. Please respond to this demand by [DATE].

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 does not require proof of prior viciousness or negligence for a covered claim.

• Claimant-conduct exceptions: Section 155 lists trespass, other tort, and teasing, tormenting, or abuse of the dog. Document the facts bearing on those exceptions.

• "Keeper" Liability: The statute applies to both owners and keepers; a keeper is one who harbors the dog with an assumption of custody, management, and control (Maillet v. Mininno). This can reach dog-sitters and others in control of the dog. A landlord is usually not a keeper merely for allowing a tenant's dog, but may be reached through common-law negligence (Nutt v. Florio).

• 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 another tort or to have teased, tormented, or abused the dog; the defendant bears the burden of proof on those matters.

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