DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

STATE OF UTAH

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

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

I. UTAH-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Under Utah Code Annotated Section 78B-2-307, the statute of limitations for personal injury claims, including dog bite cases, is four (4) 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. Utah Strict Liability Dog Bite Statute - Utah Code Ann. Section 18-1-1

Utah is a strict liability state for dog bites. Utah Code Annotated Section 18-1-1 provides:

"Every person owning or keeping a dog shall be liable in damages for injury committed by such dog, and it shall not be necessary in any action brought therefor to allege or prove that such dog had a vicious or mischievous disposition or that the owner or keeper had knowledge of such vicious or mischievous disposition. Whenever a dog, without provocation, attacks or injures a person who is peaceably conducting himself in a place where he may lawfully be, the owner or keeper of such dog shall be liable in civil damages to such injured person."

Key elements under this statute:
1. The defendant owned or kept the dog
2. The dog attacked or injured the plaintiff
3. The attack was without provocation
4. The plaintiff was peaceably conducting himself/herself
5. The plaintiff was lawfully present at the location

No proof of prior viciousness or owner knowledge is required.

C. Utah Case Law on Dog Bite Liability

Key Utah Cases:

• Reese v. Quigley, 2013 UT App 139, 303 P.3d 1003 - Application of strict liability statute
• Collins v. Schweitzer, 774 P.2d 1152 (Utah 1989) - Keeper liability and defenses
• Fishbaugh v. Utah Power & Light, 969 P.2d 403 (Utah 1998) - Comparative negligence principles

D. Modified Comparative Negligence

Utah follows modified comparative negligence with a 50% bar under Utah Code Ann. Section 78B-5-818. A plaintiff may recover damages only if the plaintiff's fault is not greater than the fault of the defendant. If the plaintiff is more than 50% at fault, recovery is completely barred.

Our client bears no responsibility for this attack.

E. Utah Dangerous Dog Laws

Utah Code Annotated Section 18-1-3 addresses vicious dogs:

• Municipal animal control may designate dogs as "vicious" or "dangerous"
• Owners of dangerous dogs must comply with containment and licensing requirements
• Prior designation strengthens the case but is NOT required for strict liability

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" or "vicious dog" designations
• [ ] 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 Utah 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]," "delivering mail," etc.] in [City], [County] County, Utah.

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 Utah Code Ann. Section 18-1-1, the plaintiff must have been lawfully present 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
• [ ] Our client was lawfully in any other location

C. Our Client Was Peaceably Conducting Himself/Herself

At the time of the attack, our client was:

• [ ] Engaged in normal, everyday activities
• [ ] Not threatening or provoking the dog in any way
• [ ] Not engaging in any illegal activity
• [ ] Behaving in a peaceful, non-threatening manner

D. No Provocation

Utah Code Ann. Section 18-1-1 requires that the attack be "without provocation." Our client did absolutely nothing to provoke this attack:

• [ ] Our client was not interacting with or approaching the dog
• [ ] Our client was not engaging in any behavior that could be construed as threatening
• [ ] Our client made no aggressive movements toward the dog
• [ ] Our client did not enter the dog's enclosure or territory
• [ ] Our client did not tease, torment, or harass the dog

The attack was entirely unprovoked.

E. Evidence of Prior Dangerous Propensities (Strengthens Claim)

Although Utah's strict liability statute does not require proof of prior knowledge, such evidence strengthens the claim and supports punitive damages:

• [ ] Prior Bite Incidents: This dog has bitten [number] other people
• [ ] Prior Aggressive Behavior: This dog has displayed aggressive behavior
• [ ] Complaints to Animal Control: [Number] complaints have been filed
• [ ] "Dangerous Dog" Designation: This animal has been designated dangerous
• [ ] Warning Signs: "Beware of Dog" signs were posted
• [ ] Owner Admissions: The owner has admitted [describe]

IV. LIABILITY ANALYSIS

A. Strict Liability Under Utah Code Ann. Section 18-1-1

Under Utah's strict liability dog bite statute, the dog owner is liable when:

1. The defendant owned or kept the dog - [Dog Owner Name] owned/kept the dog at all relevant times.

2. The dog attacked or injured the plaintiff - Our client was viciously attacked and bitten.

3. The attack was without provocation - Our client did nothing to provoke the attack.

4. The plaintiff was peaceably conducting himself/herself - Our client was engaged in normal, peaceful activities.

5. The plaintiff was lawfully present - Our client was [describe lawful presence].

All statutory elements are satisfied. Liability is established as a matter of law under Utah Code Ann. Section 18-1-1.

The statute explicitly provides that it is NOT necessary to prove:
- The dog had a vicious or mischievous disposition
- The owner had knowledge of such disposition

B. Common Law Negligence (Alternative Theory)

In addition to strict liability, [Dog Owner Name] is liable under common law negligence:

1. Duty of Care

Dog owners owe a duty of reasonable care to prevent their animals from causing harm.

2. Breach of Duty

[Dog Owner Name] breached this duty by:

• [ ] Failing to properly secure the animal
• [ ] Allowing the animal to escape or roam at large
• [ ] Failing to use appropriate restraints
• [ ] Failing to maintain adequate fencing
• [ ] Failing to adequately supervise the animal
• [ ] Failing to warn visitors of the dog's presence

3. Causation and Damages

The breach directly 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 - Leash Law
• [ ] [City/County] Ordinance - Dogs at Large
• [ ] [City/County] Ordinance - Dangerous Dog Requirements
• [ ] [Other applicable ordinances]

D. Landlord Liability (If Applicable)

[USE IF ATTACK OCCURRED ON RENTAL PROPERTY]

Under Utah 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 authority to remove the animal
3. The landlord failed to take reasonable action

E. Defenses Inapplicable

Provocation: Our client did nothing to provoke this attack. Provocation requires conduct that would naturally tend to arouse the dog's protective instincts or anger.

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

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

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], Utah, 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 strict liability of the dog owner under Utah Code Annotated Section 18-1-1, 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 Utah
- Utah's strict liability statute establishing liability as a matter of law

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

X. CONCLUSION

This was a vicious, unprovoked attack. Under Utah Code Annotated Section 18-1-1, the dog owner is strictly liable for the damages caused by this attack. Our client was lawfully present and peaceably conducting [himself/herself] when attacked without provocation.

The liability in this case is established as a matter of law. We are prepared to file suit in the District Court for [County] County, Utah 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]
Utah State Bar No. [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[File]

UTAH-SPECIFIC PRACTICE NOTES

• [ ] Strict Liability State: Utah Code Ann. Section 18-1-1 - No need to prove prior knowledge or viciousness. Liability established if statutory elements met.

• [ ] 4-Year Statute of Limitations: Utah Code Ann. Section 78B-2-307 - Longest in the region.

• [ ] Modified Comparative Fault (50% Bar): Utah Code Ann. Section 78B-5-818 - Recovery barred if plaintiff more than 50% at fault.

• [ ] Key Defenses to Address: Provocation and lawful presence are the primary defenses under the statute.

• [ ] "Keeper" Liability: Statute applies to both owners and "keepers" - may expand potential defendants.

• [ ] Local Ordinances: Salt Lake City, Provo, Ogden, and other municipalities have specific leash and dangerous dog ordinances.

• [ ] Punitive Damages: Available for willful misconduct or gross negligence. Utah Code Ann. Section 78B-8-201.

• [ ] Prejudgment Interest: Available at contract rate or 10% if no contract. Utah Code Ann. Section 15-1-1.

• [ ] Venue: County where cause of action arose or where defendant resides. Utah R. Civ. P. 13.