DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

STATE OF NEW JERSEY

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

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]. The attack was perpetrated by a [Breed] dog owned by [Dog Owner Name]. This letter constitutes our formal demand for settlement pursuant to New Jersey's strict liability dog bite statute, N.J.S.A. 4:19-16.

I. NEW JERSEY-SPECIFIC LEGAL FRAMEWORK

A. New Jersey's Strict Liability Dog Bite Statute

New Jersey imposes strict liability on dog owners for injuries caused by their animals. Under N.J.S.A. 4:19-16, a dog owner is liable for damages suffered by any person who is bitten by the dog while:

1. In a public place, OR
2. Lawfully in a private place, including the property of the dog owner

The statute provides:

"The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness."

N.J.S.A. 4:19-16 (emphasis added).

This strict liability applies regardless of:
- Whether the dog has ever bitten anyone before
- Whether the owner knew the dog was dangerous
- Whether the owner exercised reasonable care

B. Statute of Limitations

Under N.J.S.A. 2A:14-2, the statute of limitations for personal injury claims in New Jersey is two (2) years from the date of the injury. This claim arises from an attack that occurred on [Date of Attack], and therefore the limitations period expires on [Expiration Date].

C. Modified Comparative Negligence

New Jersey follows a modified comparative negligence rule under N.J.S.A. 2A:15-5.1. A plaintiff may recover damages only if their percentage of fault is less than or equal to the combined fault of all defendants (the "51% bar rule"). The plaintiff's recovery is reduced by their percentage of fault.

Our client bears absolutely no responsibility for this attack.

D. New Jersey Dangerous Dog Designation

Under the Vicious and Potentially Dangerous Dog Act, N.J.S.A. 4:19-17 through 4:19-30, a dog may be designated as "vicious" or "potentially dangerous" after certain incidents. This designation creates additional liability exposure and regulatory requirements for the owner.

[If applicable: The dog in this case [has been / should be] designated as a [vicious / potentially dangerous] dog pursuant to N.J.S.A. 4:19-23.]

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
• All photographs or videos of the animal
• Prior bite reports or complaints regarding this animal
• Prior aggressive incidents involving this animal
• Any "vicious dog" or "potentially dangerous dog" designations under N.J.S.A. 4:19-23
• Communications with animal control or municipal 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 constitute spoliation. New Jersey courts impose adverse inference instructions and other sanctions for spoliation of evidence. Rosenblit v. Zimmerman, 166 N.J. 391 (2001).

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 adjacent to the dog owner's property," etc.] in [City/Township], [County] County, New Jersey.

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 local leash laws," "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 - e.g., 'the owner was able to pull the dog away,' 'bystanders intervened,' 'our client was able to escape,' etc.]."]

B. Lawful Presence

Under N.J.S.A. 4:19-16, the claimant must be lawfully present at the location of the attack. Our client was lawfully present because [he/she] was:

• On a public sidewalk/street
• An invited guest on the dog owner's property
• A delivery person, mail carrier, or service provider lawfully performing duties
• On [his/her] own property
• [Other basis for lawful presence]

C. No Provocation

New Jersey law provides that provocation may be a defense to a dog bite claim. DeRobertis v. Randazzo, 94 N.J. 144 (1983). 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
• Our client was not interacting with or approaching the dog
• Our client was not engaging in any behavior that could be construed as threatening or provocative
• The dog's attack was entirely unprovoked and without justification

D. Post-Attack Response

Following the attack:

• Emergency medical services were summoned
• Police/Animal Control were notified
• An incident report was prepared (Report No. [Number])
• The animal was quarantined for rabies observation per N.J.A.C. 8:23A-4.3
• Photographs of injuries were taken
• Witness information was obtained

IV. LIABILITY ANALYSIS

A. Strict Liability Under N.J.S.A. 4:19-16

New Jersey's dog bite statute establishes strict liability against dog owners. The elements are:

1. Defendant owned the dog - [Dog Owner Name] is the owner of the [Breed] dog that attacked our client.

2. The dog bit the plaintiff - The dog bit our client, causing serious injuries as documented in the medical records.

3. The plaintiff was in a public place or lawfully in a private place - Our client was [in a public place / lawfully on private property] when the attack occurred.

All elements are satisfied. Liability is established as a matter of law.

The New Jersey Supreme Court has consistently upheld the strict nature of this statute. In DeRobertis v. Randazzo, 94 N.J. 144, 153 (1983), the Court held that N.J.S.A. 4:19-16 "imposes strict, that is, absolute, liability without fault on a dog owner for a dog bite."

B. Negligence Theory (Alternative)

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

1. Duty of Care

Dog owners owe a duty of reasonable care to prevent their animals from causing harm to others. This duty includes:
- Properly confining the animal
- Using appropriate restraints when in public
- Maintaining secure fencing and enclosures
- Complying with local leash laws and animal control ordinances
- Taking heightened precautions if aware of dangerous propensities

2. Breach of Duty

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

3. Negligence Per Se

The dog owner violated the following local ordinances, establishing negligence per se:
- [Municipality] Municipal Code Section [Number] - Leash Law
- [Municipality] Municipal Code Section [Number] - Running at Large Prohibition
- [Other applicable ordinances]

C. Landlord Liability (If Applicable)

[USE IF ATTACK OCCURRED ON RENTAL PROPERTY]

Under New Jersey law, a landlord may be held liable for injuries caused by a tenant's dog when the landlord had knowledge of the dog's vicious propensities and the ability to remove the animal. Dwyer v. Skyline Apartments, Inc., 123 N.J. Super. 48 (App. Div. 1973), aff'd, 63 N.J. 577 (1973).

[Landlord Name], as owner of the premises at [Address], is also liable for our client's injuries because:
- The landlord knew or should have known of the dog's dangerous propensities
- The landlord had the authority under the lease to require removal of the animal
- The landlord permitted the dog to remain on the premises despite knowledge of the danger

D. Defenses Inapplicable

Provocation: Our client did nothing to provoke this attack. [He/She] was peacefully [describe activity] when attacked without warning.

Trespass: Our client was lawfully present at the location of the attack, satisfying the requirement of N.J.S.A. 4:19-16.

Comparative Fault: Our client exercised all reasonable care and bears no responsibility for this attack. Even if some fault were attributed to our client (which we deny), any recovery would only be reduced proportionally under N.J.S.A. 2A:15-5.1.

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
- Bone fractures
- Crush injuries
- Infection (including risk of 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] 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 (X-rays to rule out fractures)

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 - scar revision, skin grafting, etc.]
- Dates: [Surgery dates]

Infectious Disease Consultation:
- Provider: [ID Specialist Name]
- Treatment: [Rabies PEP, extended antibiotics, etc.]

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

D. Current Status and Prognosis

Physical Status:
Our client has [describe current physical condition]:
- Permanent scarring on [body parts]
- Nerve damage resulting in [numbness / tingling / weakness]
- Limited range of motion in [body part]
- [Other permanent physical effects]

Psychological Status:
Our client continues to suffer from:
- PTSD symptoms triggered by [dogs, loud noises, etc.]
- Avoidance behaviors affecting daily life
- Ongoing anxiety and hypervigilance
- Nightmares and sleep disturbance

Future Treatment:
- Additional scar revision surgery anticipated
- Ongoing mental health treatment required
- [Other 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
- Multiple wound cleanings and debridement
- Suturing procedures
- Rabies vaccination series (multiple injections)
- Surgical procedures
- Ongoing pain from scarring and nerve damage

Emotional Distress:
- Terror during the attack
- PTSD symptoms disrupting daily life
- Fear of dogs limiting normal activities
- Anxiety and hypervigilance
- Depression related to disfigurement
- Embarrassment and self-consciousness about scars

Permanent Disfigurement:
Under New Jersey law, permanent disfigurement is a compensable element of damages. Coll v. Sherry, 29 N.J. 166 (1959).
- Visible, permanent scarring on [body parts]
- Impact on self-image and confidence
- Impact on personal relationships

Loss of Enjoyment of Life:
- Unable to enjoy outdoor activities due to fear of dogs
- Avoidance of parks, neighborhoods, friends' homes with dogs
- Loss of sense of safety

E. Summary of Damages

VII. SETTLEMENT DEMAND

A. Demand Amount

Based upon the strict liability established under N.J.S.A. 4:19-16, the severity and permanence of our client's injuries, the significant disfigurement, and the ongoing psychological trauma, 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]
- A conservative multiplier for pain, suffering, and disfigurement
- The permanent nature of the scarring and psychological trauma
- Comparable verdicts and settlements in New Jersey for similar dog bite cases
- The strict liability nature of this claim under N.J.S.A. 4:19-16

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:

We are aware that some homeowner's policies contain breed-specific exclusions. If any such exclusion exists, we demand:
1. A complete copy of the policy and all endorsements
2. Written confirmation of the exclusion
3. Disclosure of whether the dog owner was informed of the exclusion

If coverage has been denied based on a breed exclusion, 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)
• Police/Animal Control incident report
• Witness statements (if available)
• Employment records and wage verification
• Documentation of prior incidents involving this dog (if obtained)
• Mental health treatment records
• HIPAA authorizations

X. CONCLUSION

This was a vicious, unprovoked attack by a dangerous animal. Under New Jersey's strict liability statute, N.J.S.A. 4:19-16, the dog owner is liable regardless of any prior knowledge of the dog's viciousness. Our client was an innocent victim who has suffered permanent physical scarring and ongoing psychological trauma.

The liability in this case is absolute under New Jersey law. The damages are substantial and well-documented. We are prepared to file suit in the Superior Court of New Jersey, [County] County, if necessary, and we are confident that a jury would return a verdict significantly exceeding this demand.

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]
New Jersey Attorney ID No. [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[File]

NEW JERSEY-SPECIFIC PRACTICE NOTES

• Strict Liability: N.J.S.A. 4:19-16 imposes absolute liability - no need to prove prior viciousness or owner knowledge.

• Lawful Presence Required: Claimant must be in a public place or lawfully in a private place at the time of the attack.

• Provocation Defense: Provocation by the victim may reduce or bar recovery. DeRobertis v. Randazzo, 94 N.J. 144 (1983).

• Modified Comparative Fault: Recovery barred if plaintiff is more than 50% at fault. N.J.S.A. 2A:15-5.1.

• Vicious Dog Act: N.J.S.A. 4:19-17 to 4:19-30 governs "vicious" and "potentially dangerous" dog designations.

• Punitive Damages: Available in egregious cases involving willful or wanton conduct. Nappe v. Anschelewitz, Barr, Ansell & Bonello, 97 N.J. 37 (1984).

• Prejudgment Interest: Available under R. 4:42-11(b).

• Collateral Source Rule: New Jersey has modified the collateral source rule. N.J.S.A. 2A:15-97.

• Venue: Superior Court, Law Division, in the county where the cause of action arose or where defendant resides. R. 4:3-2.