Dog Bite Demand Letter - Pennsylvania

DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

COMMONWEALTH OF PENNSYLVANIA

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

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. PENNSYLVANIA DOG BITE LAW - HYBRID SYSTEM

A. Pennsylvania's Unique Legal Framework

Pennsylvania employs a hybrid system for dog bite liability:

1. Strict Liability for Medical Expenses: Under 3 Pa.C.S. § 459-502, a dog owner is strictly liable for medical expenses resulting from an unprovoked attack.

2. Scienter Required for Full Damages: For all other damages (lost wages, pain and suffering, etc.), the plaintiff must prove the owner knew or should have known of the dog's dangerous propensities OR that the dog was classified as "dangerous" under the Dog Law.

3. Severe Injury Exception: If the attack causes "severe injury" (broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery), strict liability applies to ALL damages under 3 Pa.C.S. § 459-502-A.

3 Pa.C.S. § 459-502 provides:

"(a) Any person who is attacked by a dog while in a public place or lawfully in a private place, including the property of the owner of the dog, may recover damages from the owner of the dog for the full extent of the injury."

Key Pennsylvania Cases:

• Miller v. Hurst, 302 Pa. Super. 235 (1982) - Established common law scienter requirements
• Deardorff v. Burger, 606 A.2d 489 (Pa. Super. 1992) - Applied Dog Law provisions
• Andrews v. Smith, 324 Pa. 455 (1936) - Foundational scienter case
• Rosenberry v. Evans, 48 A.3d 1255 (Pa. Super. 2012) - Addressed dangerous dog provisions

B. Three Pathways to Full Damages in Pennsylvania

Pathway 1: Scienter (One-Bite Rule)

Plaintiff must prove:

• The dog had a dangerous or vicious propensity
• The owner knew or should have known of this propensity

Pathway 2: Dangerous Dog Designation

If the dog was previously registered as a "dangerous dog" under 3 Pa.C.S. § 459-502-A, strict liability applies to all damages.

Pathway 3: Severe Injury

If the attack caused "severe injury" (broken bones OR disfiguring lacerations requiring multiple sutures or cosmetic surgery), strict liability applies to all damages.

C. Establishing Owner Knowledge (Scienter)

Evidence of owner's knowledge includes:

☐ Prior Bite Incidents: This dog has bitten [number] other people on [prior dates]
☐ Prior Aggressive Behavior: Documented history of lunging, growling, snapping, or chasing
☐ Complaints to Authorities: Prior complaints to Dog Warden or local authorities
☐ "Dangerous Dog" Designation: Official designation under 3 Pa.C.S. § 459-502-A
☐ Warning Signs Posted: "Beware of Dog" signs demonstrating owner's knowledge
☐ Owner Admissions: Prior statements about dog's temperament
☐ Breed-Specific Knowledge: Owner awareness of breed tendencies

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" registration under 3 Pa.C.S. § 459-502-A
☐ Communications with Dog Warden or animal control
☐ Homeowner's or renter's insurance policies
☐ Training records for the animal
☐ Proof of confinement measures

Spoliation of evidence under Pennsylvania law may result in adverse inferences and sanctions. Schroeder v. CBIC Ins. Co., 700 A.2d 1317 (Pa. 1997).

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. Severe Injury (If Applicable)

The attack caused severe injury as defined by 3 Pa.C.S. § 459-502-A:

☐ Broken bones: [Describe fractures]
☐ Disfiguring lacerations requiring multiple sutures: [Describe lacerations and number of sutures]
☐ Cosmetic surgery required: [Describe surgical procedures]

Under Pennsylvania law, this severe injury triggers strict liability for ALL damages, not just medical expenses.

C. Evidence of Owner's Knowledge (Scienter)

[Dog Owner Name] knew or should have known of this dog's dangerous propensities. Evidence includes:

[Detail specific evidence of prior incidents, complaints, owner knowledge, etc.]

D. No Provocation

Our client did absolutely nothing to provoke this attack:

☐ [He/She] was lawfully present at the location
☐ [He/She] did not touch, pet, or interact with the dog
☐ [He/She] did not tease, torment, or abuse the dog
☐ The attack was entirely unprovoked

IV. PENNSYLVANIA'S COMPARATIVE NEGLIGENCE RULE

A. Modified Comparative Negligence Standard

Pennsylvania follows modified comparative negligence under 42 Pa.C.S. § 7102. 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 the dog in any way
☐ [He/She] exercised all reasonable care
☐ [He/She] did not approach or interact with the dog
☐ 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]

Severe Injuries (Triggering Full Strict Liability):
☐ Broken bones: [Describe]
☐ Disfiguring lacerations: [Number of sutures, location]

Secondary Injuries:
☐ Soft tissue damage
☐ Nerve damage
☐ Infection
☐ Permanent 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 (Strict Liability Applies)

B. Future Medical Expenses

C. Lost Wages

D. Pain and Suffering

Pennsylvania allows full recovery for:

• Physical pain and suffering
• Mental anguish
• Emotional distress
• Permanent scarring and disfigurement
• Loss of enjoyment of life

E. No Damage Caps in Pennsylvania

Pennsylvania does not impose statutory caps on compensatory damages in personal injury cases.

F. Summary of Damages

VII. SETTLEMENT DEMAND

A. Demand Amount

Based upon Pennsylvania's Dog Law, the severe injury exception for strict liability, the owner's scienter, 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 42 Pa.C.S. § 5524, 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/Dog Warden report
☐ Witness statements
☐ Employment records
☐ Prior incident documentation
☐ HIPAA authorizations

X. CONCLUSION

Under Pennsylvania's Dog Law, the owner is strictly liable for at least medical expenses. Given the severe injury suffered by our client [and/or the owner's scienter], strict liability applies to ALL damages. There is no viable defense.

We are prepared to try this case before a Pennsylvania jury if necessary. We urge you to resolve this matter promptly.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Pennsylvania Attorney ID Number [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[File]

PENNSYLVANIA-SPECIFIC PRACTICE NOTES

• Hybrid System: Pennsylvania uses strict liability for medical expenses; scienter OR severe injury required for full damages.
• Severe Injury Trigger: Broken bones OR disfiguring lacerations requiring multiple sutures OR cosmetic surgery triggers full strict liability.
• 3 Pa.C.S. § 459-502: Key statute - review carefully for applicable provisions.
• Dog Warden: Contact local Dog Warden for prior incident reports and dangerous dog designations.
• 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 42 Pa.C.S. § 5524.
• No Damage Caps: Pennsylvania does not cap compensatory damages in personal injury cases.
• Local Ordinances: Research Philadelphia, Pittsburgh, and other municipal dangerous dog ordinances.
• Document Injuries Thoroughly: Severity of injury affects liability theory - document all fractures and sutures.

This template must be reviewed and customized by a Pennsylvania-licensed attorney before use.