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 is a STRICT LIABILITY state for dog bite injuries. Under R.I. Gen. Laws § 4-13-16, a dog owner is strictly liable for damages caused by their dog without the need to prove negligence or prior knowledge of viciousness.
R.I. Gen. Laws § 4-13-16 provides:
"If any dog shall, without provocation, attack, assault, bite, wound, or otherwise injure any person while such person is on or in a public place, or lawfully on or in a private place, including property of the owner or keeper of such dog, the owner or keeper of such dog shall be liable for the damages sustained by such person."
Key Rhode Island Cases:
- Fontaine v. Callis, 122 R.I. 540 (1979) - Applied strict liability under § 4-13-16
- Peck v. Quagliaroli, 622 A.2d 517 (R.I. 1993) - Addressed scope of strict liability
- Weidenfeller v. Star & Garter, 2 R.I. 8 (1851) - Foundational case on animal liability
- Colvin v. Dillon, 897 A.2d 55 (R.I. 2006) - Discussed landlord liability
B. Advantages of Strict Liability
Under Rhode Island'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 attacked without provocation and victim was lawfully present, owner is liable
☐ Comprehensive Coverage: Statute covers attack, assault, bite, wound, or other injury
C. Limited Defenses Under Rhode Island Law
The defendant's only defenses under § 4-13-16 are:
☐ Provocation: The victim provoked the attack
☐ Unlawful Presence: The victim was not lawfully present at the location
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. Lawful Presence
Under R.I. Gen. Laws § 4-13-16, our client was lawfully present:
☐ In a public place (public sidewalk, park, street, etc.)
☐ On owner's private property as an invited guest
☐ On owner's property to perform a duty imposed by law (mail carrier, utility worker, etc.)
☐ On owner's property as a business invitee
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
| Provider | Service | Amount Billed |
|---|---|---|
| [Provider] | [Service] | $[Amount] |
| TOTAL PAST MEDICAL | $[Total] |
B. Future Medical Expenses
| Treatment | Estimated Cost |
|---|---|
| [Treatment] | $[Amount] |
| TOTAL FUTURE MEDICAL | $[Total] |
C. Lost Wages
| Category | Amount |
|---|---|
| Past Lost Wages | $[Amount] |
| Future Lost Earnings | $[Amount] |
| TOTAL LOST WAGES | $[Total] |
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
| Category | Amount |
|---|---|
| Past Medical Expenses | $[Amount] |
| Future Medical Expenses | $[Amount] |
| Past Lost Wages | $[Amount] |
| Future Lost Earnings | $[Amount] |
| TOTAL ECONOMIC DAMAGES | $[Subtotal] |
| Pain and Suffering | $[Amount] |
| Disfigurement | $[Amount] |
| Emotional Distress | $[Amount] |
| TOTAL NON-ECONOMIC DAMAGES | $[Subtotal] |
| TOTAL DAMAGES | $[Grand Total] |
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 State: Rhode Island's § 4-13-16 imposes strict liability - no need to prove scienter or prior knowledge of viciousness.
- Broad Statutory Language: Covers "attack, assault, bite, wound, or otherwise injure" - not limited to bites.
- Provocation Defense: Provocation is the primary defense - 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.