DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

STATE OF OHIO

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

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.

I. OHIO DOG BITE LAW - STRICT LIABILITY

A. Ohio's Strict Liability Statute

Ohio is a STRICT LIABILITY state for dog bite injuries. Under Ohio Revised Code § 955.28(B), a dog owner, keeper, or harborer is strictly liable for injuries caused by their dog without the need to prove negligence or prior knowledge of viciousness.

Ohio Rev. Code § 955.28(B) provides:

"The owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog, unless the injury, death, or loss was caused to the person or property of an individual who, at the time, was committing or attempting to commit criminal trespass or another criminal offense other than a minor misdemeanor on the property of the owner, keeper, or harborer, or was committing or attempting to commit a criminal offense other than a minor misdemeanor against any person, or was teasing, tormenting, or abusing the dog on the owner's, keeper's, or harborer's property."

Key Ohio Cases:

• Flint v. Holbrook, 80 Ohio App. 3d 21 (1992) - Applied strict liability under § 955.28
• Beckett v. Warren, 124 Ohio St. 3d 256 (2010) - Addressed harborer liability
• Godsey v. Franz, 2005-Ohio-3551 (Ohio Ct. App. 2005) - Discussed scope of keeper liability
• Pauley v. Circleville, 137 Ohio St. 3d 212 (2013) - Addressed sovereign immunity issues

B. Advantages of Strict Liability

Under Ohio's strict liability framework:

☐ No Scienter Required: Plaintiff need NOT prove owner knew of dog's dangerous propensities
☐ No Prior Bite Needed: Liability attaches even for first-time incidents
☐ Automatic Liability: If dog caused injury and no defenses apply, owner/keeper/harborer is liable
☐ Broad Defendant Class: Owners, keepers, AND harborers may all be held liable

C. Limited Defenses Under Ohio Law

The defendant's only defenses under § 955.28(B) are:

☐ Criminal Trespass: The victim was committing or attempting criminal trespass
☐ Other Criminal Offense: The victim was committing another criminal offense (other than minor misdemeanor)
☐ Teasing, Tormenting, or Abusing: The victim was teasing, tormenting, or abusing the dog on owner's property

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)
☐ All veterinary records for the animal
☐ Vaccination records, including rabies vaccination
☐ Animal licensing and registration documents
☐ Prior bite reports or complaints
☐ Any "dangerous dog" or "vicious dog" designations under Ohio Rev. Code § 955.11
☐ Communications with animal control
☐ Homeowner's or renter's insurance policies
☐ Training records for the animal
☐ Proof of confinement measures

Spoliation of evidence under Ohio law may result in adverse inferences and sanctions. Moskovitz v. Mt. Sinai Med. Ctr., 69 Ohio St. 3d 638 (1994).

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," etc.].

At that time, [Dog Owner Name]'s [Breed] dog [describe how attack occurred - e.g., "escaped from the owner's property," "was off-leash in violation of local ordinance," etc.].

The dog attacked our client viciously and without provocation. [Describe the attack in detail].

B. No Statutory Defense Applies

[Client Name] was NOT:

☐ Committing or attempting criminal trespass - [He/She] was lawfully present at the location
☐ Committing any criminal offense
☐ Teasing, tormenting, or abusing the dog

The statutory defenses under Ohio Rev. Code § 955.28(B) do not apply.

IV. OHIO'S COMPARATIVE NEGLIGENCE RULE

A. Modified Comparative Negligence Standard

Ohio follows modified comparative negligence under Ohio Rev. Code § 2315.33. A plaintiff's recovery is reduced by their percentage of fault, but if the plaintiff is 51% or more at fault, they are barred from recovery entirely.

B. Our Client Had No Fault

[Client Name] bore absolutely no responsibility for this attack:

☐ [He/She] was lawfully present at the location
☐ [He/She] did not provoke, tease, or torment the dog
☐ [He/She] did not approach or interact with the dog
☐ [He/She] exercised all reasonable care
☐ The attack was entirely unprovoked

Any assertion of comparative negligence would be without merit.

V. INJURIES AND MEDICAL TREATMENT

A. Description of Injuries

The attack caused severe injuries to our client, including:

Bite Wounds:
☐ [Location] - [Description]
☐ [Location] - [Description]

Secondary Injuries:
☐ Soft tissue damage
☐ Nerve damage
☐ Infection risk
☐ Scarring and disfigurement

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

B. Medical Treatment

[Detail emergency treatment, follow-up care, surgeries, mental health treatment]

C. Prognosis

[Detail permanent conditions, ongoing treatment needs, future care requirements]

VI. DAMAGES

A. Medical Expenses

B. Future Medical Expenses

C. Lost Wages

D. Pain and Suffering

Ohio allows recovery for:
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Permanent scarring and disfigurement
- Loss of enjoyment of life

E. Ohio Damage Cap Considerations

Under Ohio Rev. Code § 2315.18, non-economic damages are generally capped at the greater of $250,000 or three times economic damages, up to $350,000 per plaintiff. However, there is no cap for catastrophic injuries including permanent and substantial physical deformity, loss of use of limb, or loss of a bodily organ.

Note: If injuries qualify as catastrophic (e.g., permanent disfigurement), the cap may not apply. Verify current status.

F. Summary of Damages

VII. SETTLEMENT DEMAND

A. Demand Amount

Based upon Ohio's strict liability statute, the clear liability of the dog owner, the severity of injuries, and the substantial damages, we hereby demand:

$[DEMAND 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].

VIII. STATUTE OF LIMITATIONS

Under Ohio Revised Code § 2305.10, the statute of limitations for personal injury claims is two (2) years from the date of injury.

Date of Attack: [Date]
Limitations Period Expires: [Date + 2 years]

IX. DOCUMENTATION ENCLOSED

☐ Medical records and bills
☐ Photographs of injuries
☐ Police/Animal Control report
☐ Witness statements
☐ Employment records
☐ Prior incident documentation
☐ HIPAA authorizations

X. CONCLUSION

Under Ohio's strict liability statute, the dog owner, keeper, or harborer is liable for all damages caused by this unprovoked attack. There is no viable defense, and the damages are substantial and well-documented.

We are prepared to try this case before an Ohio jury if necessary. Given Ohio's favorable strict liability framework, liability is not in dispute.

We urge you to resolve this matter promptly.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Ohio Supreme Court Registration Number [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[File]

OHIO-SPECIFIC PRACTICE NOTES

• Strict Liability State: Ohio's § 955.28 imposes strict liability - no need to prove scienter or prior knowledge of viciousness.
• Broad Defendant Class: Owners, keepers, AND harborers may all be held liable - identify all potentially liable parties.
• Limited Defenses: Only criminal trespass/offense or teasing/tormenting/abusing are valid defenses.
• Dangerous Dog Statute: Ohio Rev. Code § 955.11 et seq. provides for dangerous/vicious dog designations - check for prior designation.
• Modified Comparative Negligence: 51% bar rule applies - plaintiff barred if 51% or more at fault.
• 2-Year SOL: Personal injury claims must be filed within 2 years under Ohio Rev. Code § 2305.10.
• Non-Economic Damage Caps: Ohio Rev. Code § 2315.18 caps apply in most cases but not for catastrophic injuries.
• Local Ordinances: Research Cleveland, Columbus, Cincinnati, and other municipal dangerous dog ordinances.

This template must be reviewed and customized by an Ohio-licensed attorney before use.