DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

STATE OF TENNESSEE

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

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

IMPORTANT NOTICE REGARDING STATUTE OF LIMITATIONS: Tennessee has a one (1) year statute of limitations for personal injury claims. This is one of the shortest limitation periods in the country. This demand must be taken seriously and responded to promptly.

I. TENNESSEE-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations - CRITICAL

Under Tennessee Code Annotated Section 28-3-104(a)(1), the statute of limitations for personal injury claims, including dog bite cases, is one (1) year from the date of injury. This claim arises from an attack that occurred on [Date], and therefore the limitations period expires on [Expiration Date].

We will not hesitate to file suit prior to the expiration of the limitations period if this matter is not resolved.

B. Tennessee Dog Bite Statute - Tenn. Code Ann. Section 44-8-413

Tennessee has enacted a specific dog bite statute that creates owner liability under certain circumstances:

Tenn. Code Ann. Section 44-8-413 provides:

"(a) The owner of a dog has a duty to keep that dog under reasonable control at all times.
(b) The owner of a dog that causes damage, injury or death to another person's livestock or pet may be liable for damages suffered by the owner of the livestock or pet.
(c)(1) A dog owner's liability for injuries or death caused by that dog running at large shall include economic damages."

C. Tennessee Common Law - Scienter/One-Bite Rule

In addition to the statutory framework, Tennessee recognizes common law liability for dog bites under the scienter doctrine:

Key Tennessee Cases:

• Searcy v. Mosley, 628 S.W.2d 432 (Tenn. 1982) - Established that knowledge of vicious propensities creates liability
• Hankins v. Derby, 211 S.W.3d 231 (Tenn. Ct. App. 2006) - Owner liable when dog known to be dangerous
• Rogers v. Smith, 277 S.W.3d 388 (Tenn. Ct. App. 2008) - Discussed duty of care and foreseeability

Under Tennessee common law, an owner is liable when:
1. The owner knew or should have known of the dog's dangerous propensities; AND
2. The owner failed to exercise reasonable care to prevent injury

D. "Running at Large" Liability

Tennessee Code Annotated Section 44-8-408 addresses dogs running at large:

"The owner of any dog shall keep such dog under the owner's control at all times and shall not permit such dog to run at large."

When a dog causes injury while "running at large" (not under the owner's control), the owner is liable regardless of prior knowledge of dangerous propensities.

E. Modified Comparative Negligence

Tennessee follows modified comparative negligence with a 49% bar under Tenn. Code Ann. Section 29-11-103. A plaintiff may recover damages only if the plaintiff's negligence is less than the defendant's negligence. If the plaintiff is 50% or more at fault, recovery is completely barred.

Our client bears no responsibility for this attack.

F. Tennessee Dangerous Dog Laws

Tennessee Code Annotated Section 44-17-120 defines "dangerous dog" and establishes requirements:

• A dog is "dangerous" if it has killed or seriously injured a person or is trained for fighting
• Owners of dangerous dogs must meet strict containment and insurance requirements
• Prior designation as dangerous is conclusive 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 under Tenn. Code Ann. Section 44-17-120
• [ ] 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)

Destruction of any evidence may result in adverse inferences and sanctions under Tennessee law.

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]," etc.] in [City], [County] County, Tennessee.

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 running at large in violation of Tenn. Code Ann. Section 44-8-408," "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. Dog Running at Large

At the time of the attack, the dog was "running at large" as defined under Tennessee law:

• [ ] The dog was not on the owner's property
• [ ] The dog was not under the owner's immediate control
• [ ] The dog was not restrained by leash or other means
• [ ] The dog was in violation of Tenn. Code Ann. Section 44-8-408

Under Tennessee law, owners are liable for injuries caused by dogs running at large regardless of prior knowledge.

C. Owner's Knowledge of Dangerous Propensities

In addition to "running at large" liability, the owner had actual and/or constructive knowledge of this dog's dangerous propensities:

• [ ] Prior Bite Incidents: This dog has bitten [number] other people on [prior dates]

• [ ] Prior Aggressive Behavior: This dog has displayed aggressive behavior including [describe]

• [ ] Complaints to Animal Control: [Number] complaints have been filed with [County] Animal Control

• [ ] "Dangerous Dog" Designation: This animal meets the definition of "dangerous dog" under Tenn. Code Ann. Section 44-17-120

• [ ] Warning Signs: The owner posted "Beware of Dog" signs, demonstrating awareness of danger

• [ ] Owner Admissions: The owner has admitted [describe admissions]

• [ ] 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
• [ ] Engaged in normal, everyday activities

IV. LIABILITY ANALYSIS

A. Statutory Liability - Dog Running at Large

Under Tenn. Code Ann. Sections 44-8-408 and 44-8-413, the dog owner is liable because:

1. The owner had a duty to keep the dog under control at all times
2. The owner breached this duty by allowing the dog to run at large
3. The dog caused injury while running at large
4. Our client suffered damages

B. Common Law Scienter Liability

Under Tennessee common law as established in Searcy v. Mosley, 628 S.W.2d 432 (Tenn. 1982), the owner is liable because:

1. The dog had dangerous propensities
2. The owner knew or should have known of those propensities
3. The dog caused injury consistent with those propensities
4. Our client suffered damages

Evidence of knowledge includes [summarize key evidence from Section III.C].

C. Negligence Theory

The owner is also liable under traditional negligence principles:

1. Duty of Care

Tennessee imposes a duty on dog owners to exercise reasonable care to prevent their animals from injuring others. Hankins v. Derby, 211 S.W.3d 231 (Tenn. Ct. App. 2006).

2. Breach of Duty

[Dog Owner Name] breached this duty by:

• [ ] Failing to keep the dog under reasonable control as required by Tenn. Code Ann. Section 44-8-413(a)
• [ ] Allowing the dog to run at large in violation of Tenn. Code Ann. Section 44-8-408
• [ ] Failing to properly secure the animal
• [ ] Failing to use appropriate restraints
• [ ] Failing to maintain adequate fencing
• [ ] Failing to warn of the dog's dangerous propensities

3. Causation and Damages

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

D. Negligence Per Se

The dog owner violated the following statutes and ordinances, establishing negligence per se:

• [ ] Tenn. Code Ann. Section 44-8-408 - Prohibition on dogs running at large
• [ ] Tenn. Code Ann. Section 44-8-413 - Duty to keep dog under reasonable control
• [ ] [City/County] Ordinance - Leash Law
• [ ] [Other applicable ordinances]

E. Landlord Liability (If Applicable)

[USE IF ATTACK OCCURRED ON RENTAL PROPERTY]

Under Tennessee law, a landlord may be liable when the landlord knew of the dog's dangerous propensities and had authority to remove the animal.

F. Defenses Inapplicable

Provocation: Our client did nothing to provoke this attack.

Trespass: Our client was lawfully present at the location of the attack.

Comparative Fault: Our client bears no responsibility for this attack.

Assumption of Risk: Our client had no knowledge of the dog's dangerous propensities.

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] in [City], Tennessee, 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]

D. Current Status and Prognosis

[Describe current condition and future treatment needs]

VI. DAMAGES

A. Medical Expenses

B. Future Medical Expenses

C. Lost Wages

D. Pain and Suffering

[Describe physical pain, emotional distress, disfigurement, and loss of enjoyment of life]

E. Summary of Damages

VII. SETTLEMENT DEMAND

A. Demand Amount

Based upon the clear statutory liability under Tennessee Code Annotated, the demonstrated knowledge of the dog's dangerous propensities, and the severity of our client's injuries, 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].

Given Tennessee's one-year statute of limitations, we will file suit if this matter is not resolved prior to the expiration of the limitations period.

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 Tennessee
- Multiple bases for liability (statutory, common law, negligence)

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
• [ ] Police/Animal Control incident report
• [ ] Evidence of prior incidents
• [ ] Witness statements
• [ ] Employment records and wage verification
• [ ] Mental health treatment records
• [ ] HIPAA authorizations

X. CONCLUSION

This was a vicious, unprovoked attack. The dog owner violated Tennessee's statutory duty to keep the dog under reasonable control, allowed the dog to run at large, and knew or should have known of the dog's dangerous propensities.

The liability in this case is clear under both Tennessee statutes and common law. Given the one-year statute of limitations, we urge you to respond promptly. We are prepared to file suit in the Circuit Court for [County] County, Tennessee if this matter cannot be resolved.

Please contact me at your earliest convenience to discuss settlement.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
Tennessee Board of Professional Responsibility No. [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[File]

TENNESSEE-SPECIFIC PRACTICE NOTES

• [ ] ONE-YEAR STATUTE OF LIMITATIONS: Tenn. Code Ann. Section 28-3-104(a)(1) - One of the shortest in the nation. Act promptly.

• [ ] Hybrid Liability: Tennessee has both statutory liability for dogs running at large AND common law scienter liability.

• [ ] Running at Large: Tenn. Code Ann. Section 44-8-408 - Key statutory violation. Establishes liability without proving prior knowledge.

• [ ] Modified Comparative Fault (49% Bar): Tenn. Code Ann. Section 29-11-103 - Recovery barred if plaintiff 50% or more at fault.

• [ ] Dangerous Dog Registry: Check if dog is registered under Tenn. Code Ann. Section 44-17-120.

• [ ] Local Ordinances: Nashville, Memphis, Knoxville, Chattanooga, and other municipalities have specific leash and dangerous dog ordinances.

• [ ] Prejudgment Interest: Available from date of injury in Tennessee. Tenn. Code Ann. Section 47-14-123.

• [ ] Punitive Damages: Available for intentional, reckless, or grossly negligent conduct. Capped at two times compensatory or $500,000, whichever is greater. Tenn. Code Ann. Section 29-39-104.

• [ ] Venue: County where cause of action arose or where defendant resides. Tenn. Code Ann. Section 20-4-101.