Dog Bite Demand Letter - Michigan

DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

STATE OF MICHIGAN

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

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

I. MICHIGAN-SPECIFIC LEGAL FRAMEWORK

A. Michigan Strict Liability Dog Bite Statute

Michigan is a strict liability state for dog bite injuries. Mich. Comp. Laws Section 287.351 provides:

"(1) If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness."

When the statutory conditions are met, owner liability 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

Under Mich. Comp. Laws Section 600.5805(2), 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

Michigan follows a modified comparative negligence rule under Mich. Comp. Laws Section 600.2959. A plaintiff's damages are reduced by their percentage of fault; if the plaintiff is more than 50% at fault, they are barred from recovering noneconomic damages (pain and suffering), though economic damages (medical bills, lost wages) remain recoverable, reduced in proportion to fault.

For the Section 287.351 count, screen provocation and whether the claimant was on public property or lawfully on private property. Analyze other defenses under current controlling law rather than labeling the list exhaustive.

[State the evidence concerning provocation and lawful presence without assuming the statutory conditions are established.]

D. Dangerous Animal Act

Michigan's Dangerous Animals Act, Sections 287.321 through 287.323, defines covered dangerous animals and supplies a sworn-complaint, hearing, and disposition process. Use it only when its facts and procedures apply.

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 animal" designations under Mich. Comp. Laws Section 287.321
• 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

This is a preservation request. Any later request for a remedy based on altered or missing evidence must be supported by the governing procedural law, degree of fault, prejudice, and case-specific record; this letter does not establish an automatic sanction or adverse inference.

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," "lawfully on [his/her] own property," etc.] in [City/Township], [County] County, Michigan.

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 Elements Satisfied

Under Mich. Comp. Laws Section 287.351, liability is established when:

1. The dog bit a person - The [Breed] dog bit our client, causing the injuries described herein.

2. Without provocation - Our client did nothing to provoke the attack:
   - Was not teasing, hitting, or antagonizing the dog
   - Was not making aggressive movements toward the dog
   - Was engaged in normal, peaceful activity
   - Had no prior interaction with the dog

3. While on public property or lawfully on private property - Our client was:
   - [On a public sidewalk/street/park]
   - [An invited guest on the property]
   - [A delivery person/postal worker with implied license]
   - [On the property of the dog owner as an invitee]

All statutory elements are satisfied. Strict liability applies.

C. No Provocation

Provocation is claim- and fact-specific. State the conduct and verify the current controlling standard before characterizing it.

Our client did not engage in any conduct that could constitute provocation:

• Did not approach or touch the dog
• Did not make threatening gestures
• Did not enter the dog's enclosure or territory
• Was simply [describe peaceful activity]

D. Post-Attack Response

Following the attack:

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

IV. LIABILITY ANALYSIS

A. Strict Liability Under Mich. Comp. Laws Section 287.351

Section 287.351 imposes owner liability for a bite without provocation when the person was on public property or lawfully on private property, regardless of former viciousness or owner knowledge.

Elements established:

1. Defendant owns the dog - [Dog Owner Name] is the owner of the [Breed] dog.

2. The dog bit the plaintiff - The dog bit our client, causing serious injuries.

3. Without provocation - Our client did nothing to provoke the attack.

4. On public property or lawfully on private property - Our client was lawfully present at [location].

[Explain how the evidence satisfies each statutory condition without assuming the result.]

B. Additional Negligence Claims

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

1. Negligence Per Se

If asserting an ordinance-based theory, quote the current local provision and verify whether Michigan law treats the violation as negligence per se or evidence of negligence:

• [City/Township] Ordinance [Number] - Leash Law
• [City/Township] Ordinance [Number] - Dog at Large
• [County] Animal Control Ordinance

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 Animal Provisions (If Applicable)

[USE IF DOG HAS PRIOR DANGEROUS DESIGNATION OR PRIOR BITE HISTORY]

Under Mich. Comp. Laws Section 287.321, this dog [has been designated as a dangerous animal / has previously caused serious injury]. The owner's failure to comply with containment requirements constitutes additional evidence of negligence and may support enhanced damages.

D. Landlord Liability (If Applicable)

[USE IF ATTACK OCCURRED ON RENTAL PROPERTY]

[Do not assert landlord liability without current official authority and facts establishing the landlord's duty and control.]

[Landlord Name] is liable because:

• The landlord knew of the dog's presence and dangerous propensities
• The landlord retained control over the premises
• The landlord had the authority to require removal of the animal

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

Screen medical, governmental, punitive, and other special claims for applicable limits; do not assume a blanket no-cap rule.

E. Summary of Damages

VII. SETTLEMENT DEMAND

A. Demand Amount

Based upon the strict liability of the dog owner under Mich. Comp. Laws Section 287.351, 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 Michigan

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/Township] Animal Control incident report
• Witness statements
• Employment records and wage verification
• Mental health treatment records
• HIPAA authorizations

X. CONCLUSION

The evidence described above supports the asserted Section 287.351 claim if the statutory conditions are established.

If this matter cannot be resolved, the claimant may file in a court with jurisdiction.

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]
State Bar of Michigan No. P[Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[File]

MICHIGAN-SPECIFIC PRACTICE NOTES

• Strict Liability: Mich. Comp. Laws Section 287.351 creates strict liability - no need to prove prior viciousness, knowledge, or negligence.

• Statutory Conditions: Document the bite, lack of provocation, and public-property or lawful-private-property requirement.

• "Lawfully on Property": Includes invitees, licensees, and those with implied permission (mail carriers, delivery persons).

• Claim-Specific Limits: Screen medical, governmental, punitive, and other special claims.

• Dangerous Animal Act: Mich. Comp. Laws Sections 287.321-323 - check for prior dangerous designations.

• Comparative Negligence: While strict liability applies, comparative fault may reduce recovery if plaintiff's conduct contributed.

• Dog Owner Definition: Statute applies to "owners" - may not apply to temporary keepers without ownership interest.

• Local Ordinances: Many Michigan municipalities have additional leash laws and animal control ordinances - verify local requirements.

Official Sources:

• MCL 287.351: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-287-351
• MCL 287.321 to 287.323: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-act-426-of-1988
• MCL 600.5805: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-5805
• MCL 600.2959: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-2959