DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

STATE OF SOUTH CAROLINA

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

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] in [County] County, South Carolina. The attack was perpetrated by a [Breed] dog owned by [Dog Owner Name]. This letter constitutes our formal demand for settlement.

I. SOUTH CAROLINA-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Under South Carolina Code Annotated Section 15-3-530(5), the statute of limitations for personal injury claims, including dog bite cases, is three (3) years from the date of injury. This claim arises from an attack that occurred on [Date], and therefore the limitations period expires on [Expiration Date].

B. South Carolina Dog Bite Statute - S.C. Code Ann. Section 47-3-110

South Carolina has enacted a specific dog bite statute that provides a hybrid approach combining elements of strict liability and the common law one-bite rule.

S.C. Code Ann. Section 47-3-110 provides:

"Whenever any person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the dog owner or person having the dog in the person's care or keeping, the owner or person having the dog in the person's care or keeping is liable for the damages suffered by the person bitten or otherwise attacked."

Key elements under this statute:
1. The person must be bitten or otherwise attacked by a dog
2. The attack must occur in a public place OR
3. The attack must occur while the person is lawfully in a private place
4. The owner or keeper is liable for damages

C. Exceptions and Defenses Under South Carolina Law

Under S.C. Code Ann. Section 47-3-110, liability may be reduced or barred if:

1. Provocation: The person attacked provoked or harassed the dog
2. Trespass: The person was unlawfully on private property
3. Warning Signs: The owner may raise the defense that clear and prominent "Beware of Dog" signs were posted (though this does not provide complete immunity)

D. Modified Comparative Negligence

South Carolina follows modified comparative negligence with a 51% bar rule. Under Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991), a plaintiff may recover damages only if the plaintiff's negligence is not greater than that of the defendant. If the plaintiff is 51% or more at fault, recovery is completely barred.

Our client bears no responsibility for this attack.

E. South Carolina Dangerous Animal Laws

South Carolina Code Ann. Section 47-3-710 et seq. addresses dangerous animals:

• Owners of dogs that have been declared "dangerous" must comply with strict containment requirements
• Failure to properly contain a dangerous dog creates additional liability
• Prior designation as a dangerous dog is strong evidence of owner knowledge

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 "dangerous dog" designations from South Carolina authorities
• [ ] Communications with animal control or 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)

South Carolina recognizes claims for spoliation of evidence. Kershaw County Bd. of Educ. v. U.S. Gypsum Co., 302 S.C. 390, 396 S.E.2d 369 (1990). Destruction of any evidence 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," "jogging in [Park Name]," "delivering mail as a postal worker," etc.] in [City], [County] County, South Carolina.

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 ordinance," "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]."]

B. Our Client Was Lawfully Present

Under S.C. Code Ann. Section 47-3-110, our client must demonstrate lawful presence at the location of the attack. This element is clearly satisfied:

• [ ] Our client was on a public street/sidewalk
• [ ] Our client was an invited guest on private property
• [ ] Our client was a mail carrier performing official duties
• [ ] Our client was a delivery person with implied invitation
• [ ] Our client was a utility worker with right of access
• [ ] Our client was on their own property when the dog trespassed

C. Owner Knowledge of Dangerous Propensities

Although South Carolina's statute does not require proof of prior knowledge for strict liability, evidence of the owner's knowledge strengthens the claim and supports punitive damages. Such evidence includes:

• [ ] Prior Bite Incidents: This dog has bitten [number] other people on [prior dates]
• [ ] Prior Aggressive Behavior: This dog has displayed aggressive behavior including [describe: lunging, growling, snapping, chasing, etc.]
• [ ] Complaints to Animal Control: [Number] complaints have been filed with [County] Animal Control
• [ ] "Dangerous Dog" Designation: This animal has been officially designated as dangerous
• [ ] Warning Signs: The owner posted "Beware of Dog" signs, demonstrating awareness of danger
• [ ] Owner Admissions: The owner has admitted [describe admissions regarding the dog's temperament]
• [ ] Witness Statements: Neighbors and others can attest to prior incidents

D. No Provocation

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
• [ ] Not interacting with or approaching the dog
• [ ] Not engaging in any behavior that could be construed as threatening or provoking
• [ ] Engaged in normal, everyday activity

The attack was entirely unprovoked and without justification.

IV. LIABILITY ANALYSIS

A. Strict Liability Under S.C. Code Ann. Section 47-3-110

South Carolina's dog bite statute imposes liability on dog owners when:

1. A dog bites or attacks a person - Our client was viciously attacked and bitten by the defendant's dog.

2. The person was in a public place OR lawfully in a private place - Our client was [describe location and lawful presence].

3. The defendant owned or was keeping the dog - [Dog Owner Name] owned/was keeping the dog at all relevant times.

All statutory elements are satisfied. Liability is established under S.C. Code Ann. Section 47-3-110.

B. Common Law Negligence

In addition to statutory liability, [Dog Owner Name] is liable under South Carolina common law negligence principles:

1. Duty of Care

Dog owners owe a duty of reasonable care to prevent their animals from causing harm to others. Nesbitt v. Lewis, 335 S.C. 441, 517 S.E.2d 11 (Ct. App. 1999).

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 in violation of [Local Ordinance]
• [ ] Failing to use a muzzle despite knowledge of aggressive tendencies
• [ ] Failing to maintain adequate fencing
• [ ] Failing to adequately supervise the animal
• [ ] Failing to warn visitors of the dog's dangerous propensities

3. Causation and Damages

The breach directly and proximately caused our client's injuries and damages.

C. Negligence Per Se

The dog owner violated the following laws, establishing negligence per se:

• [ ] [City/County] Ordinance Section [Number] - Leash Law
• [ ] [City/County] Ordinance Section [Number] - Animal at Large
• [ ] S.C. Code Ann. Section 47-3-710 et seq. - Dangerous Animal Requirements (if applicable)

D. Landlord Liability (If Applicable)

[USE IF ATTACK OCCURRED ON RENTAL PROPERTY]

Under South Carolina law, a landlord may be held liable when:

1. The landlord knew or should have known of the dog's dangerous propensities
2. The landlord had the authority to require removal of the animal
3. The landlord failed to take action to protect others

See Stephens v. Stearns, 106 Idaho 249, 678 P.2d 41 (1984) (widely adopted standard).

E. Defenses Inapplicable

Provocation: Our client did nothing to provoke this attack.

Trespass: Our client was lawfully present at the location.

Comparative Fault: Our client exercised all reasonable care and bears no responsibility for this attack.

Assumption of Risk: Our client had no knowledge of this dog's dangerous propensities and did not voluntarily assume any risk.

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
- [ ] Infection
- [ ] 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 in [City], South Carolina, 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

C. Follow-Up Treatment

[Detail all follow-up treatment including wound care, plastic surgery, infectious disease consultation, and mental health treatment]

D. Current Status and Prognosis

[Describe current physical and psychological condition and future treatment needs]

VI. DAMAGES

A. Medical Expenses

B. Future Medical Expenses

C. Lost Wages

D. Pain and Suffering

Physical Pain:
[Describe the physical pain endured from the attack, treatment, and ongoing effects]

Emotional Distress:
[Describe PTSD, anxiety, fear of dogs, depression, and impact on daily life]

Permanent Disfigurement:
[Describe visible scarring and its impact on self-image and quality of life]

Loss of Enjoyment of Life:
[Describe how injuries have impacted client's ability to enjoy normal activities]

E. Punitive Damages Considerations

South Carolina permits punitive damages where the defendant's conduct demonstrates willfulness, wantonness, or recklessness. Clark v. Cantrell, 339 S.C. 369, 529 S.E.2d 528 (2000). Evidence supporting punitive damages includes:

• [ ] Prior knowledge of the dog's dangerous propensities
• [ ] Prior bite incidents
• [ ] Failure to control a known dangerous animal
• [ ] Violation of dangerous dog laws

F. Summary of Damages

VII. SETTLEMENT DEMAND

A. Demand Amount

Based upon the clear statutory liability of the dog owner under S.C. Code Ann. Section 47-3-110, 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]
- The permanent nature of the scarring and psychological trauma
- Comparable verdicts and settlements in South Carolina for similar cases
- The strength of statutory and common law liability in this matter

VIII. INSURANCE COVERAGE

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

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
• [ ] Employment records and wage verification
• [ ] Mental health treatment records
• [ ] HIPAA authorizations

X. CONCLUSION

This was a vicious, unprovoked attack by a dangerous animal. Under South Carolina Code Annotated Section 47-3-110, the dog owner is strictly liable for the damages caused by this attack. Our client was lawfully present when attacked without provocation.

The liability in this case is clear under both statutory and common law. We are prepared to file suit in the Court of Common Pleas for [County] County, South Carolina if this matter cannot be resolved. A jury would likely return a verdict significantly exceeding this demand.

Please contact me at your earliest convenience to discuss settlement.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
South Carolina Bar No. [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[File]

SOUTH CAROLINA-SPECIFIC PRACTICE NOTES

• [ ] Hybrid Statute: S.C. Code Ann. Section 47-3-110 creates a form of strict liability but still allows provocation and trespass defenses.

• [ ] Modified Comparative Fault: Recovery barred if plaintiff is 51% or more at fault. Nelson v. Concrete Supply Co., 303 S.C. 243 (1991).

• [ ] 3-Year Statute of Limitations: Longer than many states - S.C. Code Ann. Section 15-3-530(5).

• [ ] Punitive Damages: Available for willful, wanton, or reckless conduct. Clark v. Cantrell, 339 S.C. 369 (2000).

• [ ] Joint and Several Liability: Limited by S.C. Code Ann. Section 15-38-15 - defendants only jointly liable if acting in concert.

• [ ] Local Ordinances: Check county and municipal leash laws and dangerous dog ordinances for additional negligence per se claims.

• [ ] Venue: County where cause of action arose or where defendant resides. S.C. Code Ann. Section 15-7-30.