Dog Bite Demand Letter - Rhode Island

DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

STATE OF RHODE ISLAND

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

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. RHODE ISLAND DOG BITE LAW - STRICT LIABILITY

A. Rhode Island's Strict Liability Statute

Rhode Island imposes statutory strict liability for dog-bite injuries under R.I. Gen. Laws § 4-13-16. Where the statute applies, the owner or keeper is liable for all damages without any need to prove that the owner knew the dog was accustomed to causing such harm — the statute abrogates the common-law scienter ("one-bite") requirement. Critically, this strict liability applies only where the dog "assaults, bites, or otherwise injures any person while traveling the highway or out of the enclosure of the owner or keeper." When a bite occurs within the dog owner's or keeper's own enclosure, § 4-13-16 does not apply, and the claim proceeds instead on common-law scienter and/or negligence. See Carreiro v. Tobin, 66 A.3d 820 (R.I. 2013).

R.I. Gen. Laws § 4-13-16 provides:

"If any dog kills, wounds, worries, or assists in killing, wounding or worrying, any sheep, lamb, cattle, horse, hog, swine, fowl, or other domestic animal belonging to or in the possession of any person, or assaults, bites, or otherwise injures any person while traveling the highway or out of the enclosure of the owner or keeper of that dog, the owner or keeper of the dog shall be liable to the person aggrieved, for all damage sustained, to be recovered in a civil action, with costs of suit. If afterwards any such damage is done by that dog, the owner or keeper of the dog shall pay to the party aggrieved double the damage . . . and it shall not be necessary, in order to sustain this action, to prove that the owner or keeper of the dog knew that the dog was accustomed to causing this damage."

Key Rhode Island Cases:

• Carreiro v. Tobin, 66 A.3d 820 (R.I. 2013) - Strict liability under § 4-13-16 requires the injury to occur outside the owner's or keeper's enclosure
• DuBois v. Quilitzsch, 21 A.3d 375 (R.I. 2011) - Dog-bite liability under § 4-13-16
• Montiero v. Silver Lake I, L.P., 813 A.2d 978 (R.I. 2003) - Landlord liability for injuries caused by a tenant's dog
• Ferrara v. Marra, 823 A.2d 1134 (R.I. 2003) - Dog-bite liability

B. Advantages of Strict Liability (Injuries Outside the Enclosure)

Where the attack occurred while the dog was on the highway or out of the owner's/keeper's enclosure, § 4-13-16 provides powerful advantages:

☐ No Scienter Required: Plaintiff need NOT prove the owner knew the dog was accustomed to causing such harm
☐ No Prior Bite Needed: Liability attaches even for first-time incidents
☐ Strict Liability: If the dog injured the victim while off the owner's enclosed property or on a public way, the owner is liable for all damage sustained
☐ Comprehensive Coverage: Statute reaches any dog that "assaults, bites, or otherwise injures" a person — not limited to bites
☐ Double Damages: If the dog causes further injury after a first recovery, the owner is liable for double the damages under § 4-13-16

C. Limited Defenses Under Rhode Island Law

The principal limitations on a § 4-13-16 claim are:

☐ Injury Within the Enclosure: If the attack occurred within the dog owner's or keeper's own enclosure, § 4-13-16 does not apply, and the claim must proceed on common-law scienter or negligence
☐ Provocation: Facts showing the victim provoked the dog may defeat or reduce recovery under general tort 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)
☐ 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 R.I. Gen. Laws § 4-13-1.2
☐ Communications with animal control
☐ Homeowner's or renter's insurance policies
☐ Training records for the animal
☐ Proof of confinement measures

Spoliation of evidence under Rhode Island law may result in adverse inferences and sanctions.

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. Location of the Attack — Application of § 4-13-16

Section 4-13-16 imposes strict liability where the dog injured our client while traveling the highway or out of the enclosure of the owner or keeper:

☐ In a public place (public sidewalk, park, street, or highway)
☐ On another person's property, outside the dog owner's or keeper's enclosure
☐ In a common area of a multi-unit building, outside the owner's or keeper's individual enclosure
☐ While the dog was running at large off the owner's or keeper's property

C. No Provocation

Our client did absolutely nothing to provoke this attack:

☐ [He/She] did not touch, pet, or interact with the dog
☐ [He/She] did not make sudden movements toward the dog
☐ [He/She] did not tease, torment, or abuse the dog
☐ The attack was entirely unprovoked and without warning

IV. RHODE ISLAND'S COMPARATIVE NEGLIGENCE RULE

A. Pure Comparative Negligence Standard

Rhode Island follows pure comparative negligence under R.I. Gen. Laws § 9-20-4. A plaintiff's recovery is reduced by their percentage of fault, but they can still recover even if they are more than 50% at fault.

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]

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

Rhode Island 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 Rhode Island

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

F. Summary of Damages

VII. SETTLEMENT DEMAND

A. Demand Amount

Based upon Rhode Island'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 R.I. Gen. Laws § 9-1-14, the statute of limitations for personal injury claims is three (3) years from the date of injury.

Date of Attack: [Date]
Limitations Period Expires: [Date + 3 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 Rhode Island's strict liability statute, the dog owner is liable for all damages caused by this unprovoked attack. Our client was lawfully present at the location and did nothing to provoke the dog. There is no viable defense.

We are prepared to try this case before a Rhode Island jury if necessary. Given Rhode Island'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]
Rhode Island Bar Number [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[File]

RHODE ISLAND-SPECIFIC PRACTICE NOTES

• Strict Liability (Outside the Enclosure): Rhode Island's § 4-13-16 imposes strict liability - no need to prove scienter - but only where the dog injured the person "while traveling the highway or out of the enclosure of the owner or keeper." A bite within the owner's own enclosure falls outside § 4-13-16 and requires common-law scienter/negligence. Carreiro v. Tobin, 66 A.3d 820 (R.I. 2013).
• Establish the Location: The threshold factual question is whether the attack occurred outside the owner's/keeper's enclosure - document the exact location thoroughly.
• Double Damages: § 4-13-16 provides double damages where the dog causes further injury after a first recovery.
• Broad Statutory Language: Covers "assaults, bites, or otherwise injures" - not limited to bites.
• Provocation: Facts showing provocation may reduce or defeat recovery - document lack of provocation thoroughly.
• Dangerous Dog Statute: R.I. Gen. Laws § 4-13-1.2 provides for dangerous/vicious dog designations - check for prior designation.
• Pure Comparative Negligence: Rhode Island uses pure comparative - plaintiff can recover even if more than 50% at fault.
• 3-Year SOL: Personal injury claims have a 3-year statute of limitations under R.I. Gen. Laws § 9-1-14.
• No Damage Caps: Rhode Island does not cap compensatory damages in personal injury cases.
• Local Ordinances: Research Providence, Warwick, Cranston, and other municipal dangerous dog ordinances.

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