DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

STATE OF TEXAS

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

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

I. TEXAS-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Under Texas Civil Practice and Remedies Code Section 16.003, the statute of limitations for personal injury claims, including dog bite cases, is two (2) 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. Texas Dog Bite Law - Common Law "One-Bite" Rule

Texas follows the common law "one-bite" rule. Texas does not have a strict liability dog bite statute. Instead, dog bite liability in Texas is governed by the scienter doctrine established in the landmark case Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974).

Under Texas law, a dog owner is liable when:

1. The dog had dangerous propensities abnormal to its class; AND
2. The owner knew or should have known of the dog's dangerous propensities; AND
3. The owner failed to exercise reasonable care to prevent harm

Key Texas Cases:

• Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974) - Seminal case establishing scienter requirement
• Dunnings v. Castro, 881 S.W.2d 559 (Tex. App.—Houston [1st Dist.] 1994) - Knowledge may be inferred from circumstances
• Bushnell v. Mott, 254 S.W.3d 451 (Tex. 2008) - Owner knowledge and foreseeability
• Rodriguez v. Laverde, 634 S.W.3d 228 (Tex. App.—Houston [1st Dist.] 2021) - Recent application of scienter rule

C. Texas Health & Safety Code - Dangerous Dogs

Texas Health & Safety Code Chapter 822 provides statutory framework for dangerous dogs:

Tex. Health & Safety Code Section 822.041 defines "dangerous dog":

A dog that makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure where the dog was being kept AND that was reasonably certain to prevent the dog from leaving.

Tex. Health & Safety Code Section 822.042 - Owner requirements for dangerous dogs:
- Secure enclosure
- Liability insurance of at least $100,000
- Registration with animal control

Tex. Health & Safety Code Section 822.044 - Owner liability for attack by dangerous dog

D. Modified Comparative Negligence

Texas follows modified comparative negligence with a 51% bar under Tex. Civ. Prac. & Rem. Code Section 33.001 et seq. A plaintiff may recover damages only if the plaintiff's percentage of responsibility is not greater than 50%. If the plaintiff is 51% or more responsible, recovery is completely barred.

Our client bears no responsibility for this attack.

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" determination under Tex. Health & Safety Code Chapter 822
• [ ] 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)

Texas recognizes claims for spoliation of evidence. Trevino v. Ortega, 969 S.W.2d 950 (Tex. 1998). 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 packages as a courier," etc.] in [City], [County] County, Texas.

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 [City] 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. Owner's Knowledge of Dangerous Propensities (Scienter)

[CRITICAL FOR TEXAS - MUST ESTABLISH OWNER KNOWLEDGE]

Under Texas's one-bite rule as established in Marshall v. Ranne, establishing the owner's prior knowledge of dangerous propensities is essential. The following evidence demonstrates that [Dog Owner Name] knew or should have known this dog was dangerous:

• [ ] Prior Bite Incidents: This dog has bitten [number] other people on [prior dates]. [Provide details of prior incidents.]

• [ ] Prior Aggressive Behavior: This dog has displayed aggressive behavior on multiple occasions, including [describe: lunging, growling, snapping, chasing, attempting to bite, escaping confinement to chase people, etc.].

• [ ] Complaints to Animal Control: [Number] complaints have been filed with [City/County] Animal Control regarding this dog's aggressive behavior.

• [ ] "Dangerous Dog" Determination: This animal has been determined to be a "dangerous dog" under Texas Health & Safety Code Section 822.041, establishing actual knowledge as a matter of law.

• [ ] Warning Signs: The owner posted "Beware of Dog" or similar warning signs on the property, demonstrating awareness of the animal's dangerous nature. See Bushnell v. Mott, 254 S.W.3d 451 (Tex. 2008).

• [ ] Breed and Training for Protection: [If applicable] The owner acquired/trained this dog for protection or guarding purposes, demonstrating knowledge of aggressive tendencies.

• [ ] Owner Admissions: The owner has admitted [describe admissions regarding the dog's temperament, such as "he's bitten before," "she can be aggressive with strangers," "I have to keep him away from people," etc.].

• [ ] Witness Statements: Neighbors, mail carriers, delivery personnel, and others can attest to prior incidents and the dog's known aggressive behavior.

• [ ] Veterinary Records: Veterinary records note [concerns about aggression, recommendations for behavior modification, etc.].

• [ ] Escape History: This dog has repeatedly escaped from the owner's property, demonstrating knowledge that the dog was difficult to contain.

C. 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
• [ ] Not trespassing on the owner's property
• [ ] Engaged in normal, everyday activities

The dog's attack was entirely unprovoked and without justification.

IV. LIABILITY ANALYSIS

A. Common Law Scienter - One-Bite Rule

Under Texas common law as established in Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974), a dog owner is liable when:

1. The dog had dangerous propensities abnormal to its class - This dog had a propensity to attack humans, which is abnormal for domestic dogs.

2. The owner knew or should have known of those propensities - As detailed in Section III.B, [Dog Owner Name] had actual and/or constructive knowledge that this dog was dangerous. Specific evidence includes: [summarize key evidence].

3. The owner failed to exercise reasonable care - [Dog Owner Name] failed to properly restrain, contain, or control this known-dangerous animal, directly resulting in the attack on our client.

B. Statutory Liability - Dangerous Dog

If this dog has been determined to be a "dangerous dog" under Texas Health & Safety Code Section 822.041, the owner is subject to strict requirements and enhanced liability under Section 822.044.

[If applicable:] This dog [was previously determined to be dangerous / meets the statutory definition of dangerous dog], and the owner's failure to comply with the requirements of Chapter 822 creates additional liability.

C. Negligence Theory

In addition to scienter liability, [Dog Owner Name] is liable under traditional negligence principles:

1. Duty of Care

Dog owners in Texas owe a duty of ordinary care to prevent their animals from causing foreseeable injuries. Dunnings v. Castro, 881 S.W.2d 559 (Tex. App.—Houston [1st Dist.] 1994).

2. Breach of Duty

[Dog Owner Name] breached this duty by:

• [ ] Failing to properly secure the animal on the property
• [ ] Allowing the animal to escape or roam at large
• [ ] Failing to use appropriate restraints (leash, muzzle) in public
• [ ] Failing to maintain adequate fencing
• [ ] Failing to adequately supervise the animal
• [ ] Failing to warn visitors of the dog's dangerous propensities
• [ ] Failing to comply with dangerous dog requirements under Chapter 822
• [ ] [Other specific breaches]

3. Causation

The breach was the actual and proximate cause of our client's injuries.

4. Damages

Our client suffered substantial damages as detailed below.

D. Negligence Per Se

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

• [ ] Texas Health & Safety Code Chapter 822 - Dangerous Dog Requirements
• [ ] [City] Ordinance - Leash Law
• [ ] [City] Ordinance - Dogs at Large
• [ ] [City] Ordinance - Dangerous Dog Registration
• [ ] [Other applicable ordinances]

Under Texas law, violation of a statute designed to protect a class of persons to which the plaintiff belongs constitutes negligence per se. Carter v. William Sommerville & Son, Inc., 584 S.W.2d 274 (Tex. 1979).

E. Landlord Liability (If Applicable)

[USE IF ATTACK OCCURRED ON RENTAL PROPERTY]

Under Texas law, a landlord may be liable for a tenant's dog attack when:

1. The landlord knew or should have known of the dog's dangerous propensities
2. The landlord had the right to remove the animal or take other protective action
3. The landlord failed to exercise reasonable care

See Temple v. Archambo, 161 S.W.3d 217 (Tex. App.—Corpus Christi 2005).

F. Defenses Inapplicable

Provocation: Our client did nothing to provoke this attack. [He/She] was peacefully [describe activity] when attacked without warning.

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

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 of being attacked.

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
- [ ] Crush injuries
- [ ] 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], Texas, 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

Texas permits exemplary (punitive) damages when the defendant's conduct involves fraud, malice, or gross negligence. Tex. Civ. Prac. & Rem. Code Section 41.003. Evidence supporting punitive damages includes:

• [ ] Actual knowledge of the dog's dangerous propensities coupled with conscious indifference
• [ ] Prior bite incidents that were ignored
• [ ] Failure to comply with dangerous dog laws after prior incidents
• [ ] Intentional disregard of victim safety

F. Summary of Damages

VII. SETTLEMENT DEMAND

A. Demand Amount

Based upon the demonstrated scienter of the dog owner under Texas common law, 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 Texas for similar cases
- The strength of evidence establishing owner knowledge under Marshall v. Ranne

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

Note: If this dog was determined to be a "dangerous dog" under Chapter 822, the owner was required to maintain $100,000 in liability insurance. Please confirm compliance.

IX. DOCUMENTATION ENCLOSED

• [ ] Medical records and bills from all providers
• [ ] Photographs of injuries (immediately after attack and during healing)
• [ ] Police/Animal Control incident report
• [ ] Evidence of prior incidents and complaints
• [ ] Witness statements
• [ ] Employment records and wage verification
• [ ] Documentation of prior dangerous dog determination (if applicable)
• [ ] Mental health treatment records
• [ ] HIPAA authorizations

X. CONCLUSION

This was a vicious, unprovoked attack by a dog whose dangerous propensities were known to the owner. Under Texas common law as established in Marshall v. Ranne, an owner who knows of their dog's dangerous propensities and fails to exercise reasonable care is liable for resulting injuries.

The evidence of the owner's knowledge is compelling: [summarize key evidence]. The liability in this case is clear.

We are prepared to file suit in the District Court for [County] County, Texas if this matter cannot be resolved. A Texas 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]
State Bar of Texas No. [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[File]

TEXAS-SPECIFIC PRACTICE NOTES

• [ ] One-Bite State: Texas requires proof of owner knowledge under Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974). Extensive evidence gathering of prior incidents is essential.

• [ ] Modified Comparative Fault (51% Bar): Tex. Civ. Prac. & Rem. Code Section 33.001 - Recovery barred if plaintiff is 51% or more responsible.

• [ ] 2-Year Statute of Limitations: Tex. Civ. Prac. & Rem. Code Section 16.003.

• [ ] Dangerous Dog Statute: Texas Health & Safety Code Chapter 822 - Check if dog has been declared dangerous. Creates enhanced owner obligations including $100,000 insurance requirement.

• [ ] Local Ordinances: Houston, Dallas, San Antonio, Austin, Fort Worth, and other cities have specific leash and dangerous dog ordinances that may establish negligence per se.

• [ ] Exemplary Damages: Available for gross negligence, malice, or fraud. Tex. Civ. Prac. & Rem. Code Section 41.003. Capped at greater of (1) two times economic damages plus amount equal to non-economic (up to $750,000), or (2) $200,000.

• [ ] Prejudgment Interest: Available from earlier of 180 days after written notice of claim or date suit filed. Tex. Fin. Code Section 304.104.

• [ ] Offer of Settlement: Chapter 42 offer of settlement can shift costs. Consider timing strategically.

• [ ] Venue: County where all or substantial part of events occurred, or where defendant resides. Tex. Civ. Prac. & Rem. Code Section 15.002.