DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

STATE OF MAINE

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

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

I. MAINE-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Under 14 M.R.S. Section 752, the statute of limitations for personal injury claims in Maine is six (6) years from the date of injury. This is one of the longest limitation periods in the nation. This attack occurred on [Date], and therefore the limitations period expires on [Expiration Date].

B. Maine Strict Liability - 7 M.R.S. Section 3961

Maine is a strict liability state for dog bites and attacks. Under 7 M.R.S. Section 3961:

"When a dog injures a person who is not engaged in a trespass or other tort, kills or injures a domesticated animal or kills or injures a wild animal kept in captivity, the owner or keeper shall be liable for the damages in a civil action, except as otherwise provided in this Part."

C. Key Elements Under Maine Strict Liability

Under 7 M.R.S. Section 3961, a plaintiff must prove:

1. The defendant owned or kept the dog;
2. The dog injured the plaintiff; AND
3. The plaintiff was not engaged in trespass or other tort at the time of the injury.

No proof of prior viciousness or owner knowledge is required. Maine imposes true strict liability on dog owners.

D. Maine Comparative Fault

Maine follows modified comparative fault under 14 M.R.S. Section 156. A plaintiff may recover damages only if their fault is not greater than the fault of the defendant(s). If the plaintiff is more than 50% 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. Maine Dangerous Dog Law - 7 M.R.S. Section 3952

Maine law provides for "dangerous dog" designations under 7 M.R.S. Section 3952. A dog may be deemed dangerous if it has:
- Killed or inflicted serious bodily injury on a person; OR
- Killed a domestic animal without provocation while off the owner's premises; OR
- Been previously found to be a nuisance dog and the behavior continues.

F. Relevant Maine Case Law

• Lewiston Trust Co. v. Shackford, 156 Me. 451, 166 A.2d 684 (1960) - Dog owner liability
• McPherson v. Caswell, 2011 ME 75, 24 A.3d 119 - Modern application of strict liability
• Brann v. Exeter, 29 A. 1001 (Me. 1894) - Traditional dog owner liability principles

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
• [ ] [Municipal] 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 7 M.R.S. Section 3952
• [ ] 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 Maine 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/Town], [County] County, Maine.

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 [Municipal] 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 7 M.R.S. Section 3961

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

2. Injury: The dog injured our client, causing severe bite wounds, scarring, and psychological trauma.

3. No Trespass or Tort: Our client was not engaged in any trespass or other tort at the time of the attack. [He/She] was lawfully present at the location.

C. No Trespass or Tort Defense

Under 7 M.R.S. Section 3961, the only defense is that the injured person was "engaged in a trespass or other tort." Our client was not engaged in any such activity:

• [ ] Our client was on public property (sidewalk, street, park) lawfully
• [ ] Our client was an invited guest on private property
• [ ] Our client was performing lawful employment duties
• [ ] Our client did not provoke or antagonize the dog
• [ ] Our client did not trespass on the dog owner's property
• [ ] Our client did not engage in any tortious conduct

IV. LIABILITY ANALYSIS

A. Strict Liability Under 7 M.R.S. Section 3961

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

1. Ownership/Keeping: [Dog Owner Name] owned or kept the dog.

2. Injury: The dog injured our client, as documented in medical records.

3. No Trespass or Tort: Our client was not engaged in any trespass or other tortious conduct.

Under 7 M.R.S. Section 3961, 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. Maine Dangerous Dog Provisions - 7 M.R.S. Sections 3952-3954

[If applicable:] Under Maine's dangerous dog laws:

• If this dog was previously declared a "dangerous dog" under 7 M.R.S. Section 3952, the owner was required to comply with strict requirements including registration, microchipping, confinement, and liability insurance.

• Under 7 M.R.S. Section 3953, an owner who fails to comply with dangerous dog requirements may be subject to criminal penalties in addition to civil liability.

C. Alternative Negligence Theory

In addition to strict liability, the owner is liable under traditional negligence principles:

Duty: Dog owners in Maine 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 [Municipal] 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 [Municipal Ordinance] (leash law) constitutes negligence per se under Maine law.

E. Landlord Liability (If Applicable)

[If attack occurred on rental property:]

Under Maine law, a landlord may be held liable for injuries caused by a tenant's dog when the landlord:

• [ ] "Kept" the dog within the meaning of 7 M.R.S. Section 3961
• [ ] 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., Maine Medical Center, Central Maine Medical Center, Eastern Maine 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

B. Future Medical Expenses

C. Lost Wages

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

VII. SETTLEMENT DEMAND

A. Demand Amount

Based upon the strict liability imposed by 7 M.R.S. Section 3961, 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

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]
- The permanent nature of the scarring and psychological trauma
- Comparable verdicts and settlements in Maine for similar attacks
- The strength of strict liability under 7 M.R.S. Section 3961

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

X. CONCLUSION

Under Maine's strict liability statute, 7 M.R.S. Section 3961, the dog owner is liable for all damages caused when the dog injures a person not engaged in trespass or other tort. Our client was lawfully present and engaged in no wrongful conduct when the owner's dog viciously attacked [him/her], causing permanent physical and psychological injuries.

We are prepared to file suit in the [Superior Court / District Court] of [County] County, Maine, 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]
Maine Bar No. [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
File

MAINE-SPECIFIC PRACTICE NOTES

• [ ] Strict Liability State: Maine imposes strict liability under 7 M.R.S. Section 3961. No need to prove prior viciousness or owner knowledge.

• [ ] Six-Year Statute of Limitations: Maine has an unusually long 6-year SOL for personal injury claims.

• [ ] Defense Limited to Trespass/Tort: The only defense is that the victim was engaged in trespass or other tort.

• [ ] Keeper Liability: The statute applies to "owner or keeper" - consider all potential defendants.

• [ ] Comparative Fault: Maine follows the 50% bar rule. Provocative conduct may reduce or bar recovery.

• [ ] Dangerous Dog Law: 7 M.R.S. Sections 3952-3954 provide for dangerous dog designations and owner requirements. Check for prior designations.

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

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

• [ ] Small Claims: Maine District Court has small claims jurisdiction for claims up to $6,000.