DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

STATE OF VERMONT

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

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

I. VERMONT-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Under 12 V.S.A. Section 512, 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. Vermont Dog Bite Statute - 20 V.S.A. Section 3546

Vermont has enacted a specific dog bite statute that imposes strict liability when the owner has actual knowledge of the dog's viciousness.

20 V.S.A. Section 3546 provides:

"If a person owns or keeps a dog and the dog, without provocation, bites a person while the person bitten is in or on a public place or lawfully in or on a private place, including the property of the owner or keeper of the dog, the owner or keeper of the dog shall be liable for the damages suffered by the person bitten, to be recovered in a civil action."

C. Vermont's Two-Tier Liability System

Vermont employs a unique two-tier system for dog bite liability:

Tier 1 - First Bite (Negligence): For a dog's first bite with no prior history of viciousness, the owner is liable only if negligent in controlling the dog.

Tier 2 - Subsequent Bites (Strict Liability): Under 20 V.S.A. Section 3545, once a dog has been officially found to be a "vicious" dog:

"If a person owns or keeps a dog that has been found to be a vicious dog and that dog bites a person, causing the person physical injury, the owner or keeper of the dog shall be strictly liable for the damages suffered by the person bitten."

D. Definition of "Vicious Dog"

Under 20 V.S.A. Section 3541(3), a "vicious dog" means:

"A dog that has, without provocation, killed a person, inflicted serious physical injury on a person, or killed a domestic pet."

E. Modified Comparative Negligence

Vermont follows modified comparative negligence with a 50% bar under 12 V.S.A. Section 1036. A plaintiff may recover damages only if the plaintiff's fault is not greater than the combined fault of all defendants. If the plaintiff is more than 50% at fault, recovery is completely barred.

Our client bears no responsibility for this attack.

F. Vermont Dangerous Dog Provisions

20 V.S.A. Sections 3541-3550 provide comprehensive dangerous dog regulations:

• Municipal legislative bodies can declare dogs vicious
• Owners of vicious dogs must comply with strict requirements
• Failure to comply may result in seizure and destruction of the dog
• Prior vicious dog determination creates 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 "vicious dog" findings under 20 V.S.A. Section 3546
• [ ] 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 Vermont 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 road in front of [Address]," "visiting the dog owner's residence as an invited guest," "hiking on [Trail Name]," etc.] in [Town/City], [County] County, Vermont.

At that time, [Dog Owner Name]'s [Breed] dog [describe how attack occurred - e.g., "escaped from the owner's property through an unsecured fence," "was off-leash in violation of local ordinance," "broke free from its leash," "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 Vermont law, our client must have been in a public place or lawfully in a private place. This element is clearly satisfied:

• [ ] Our client was on a public road/sidewalk/path
• [ ] 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 lawfully in any other location

C. No Provocation

Vermont law requires the attack to 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 threatening behavior
• [ ] Our client made no aggressive movements toward the dog
• [ ] Our client did not tease, torment, or harass the dog
• [ ] Our client was engaged in normal, everyday activities

D. Prior Vicious Dog Determination or Owner Knowledge

[SELECT APPLICABLE SUBSECTION]

Option A - Dog Previously Found Vicious (Strict Liability):

This dog was previously found to be a "vicious dog" under 20 V.S.A. Section 3546 by [Authority] on [Date]. Under Vermont law, the owner is strictly liable for all injuries caused by this dog.

Option B - Owner Had Knowledge of Dangerous Propensities:

Even without a prior vicious dog finding, the owner knew or should have known 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
• [ ] Warning Signs: "Beware of Dog" signs were posted
• [ ] Owner Admissions: The owner has admitted [describe]
• [ ] Witness Statements: Neighbors can attest to prior incidents

IV. LIABILITY ANALYSIS

A. Strict Liability - Prior Vicious Dog Finding

[USE IF DOG PREVIOUSLY FOUND VICIOUS]

Under 20 V.S.A. Section 3545, the owner is strictly liable because:

1. The dog was previously found to be a "vicious dog"
2. The dog bit our client, causing physical injury
3. The owner/keeper is strictly liable for all damages

B. Statutory Liability Under 20 V.S.A. Section 3546

Under Vermont's dog bite statute, the owner is liable because:

1. The defendant owned or kept the dog
2. The dog bit our client without provocation
3. Our client was in a public place or lawfully in a private place
4. Our client suffered damages

C. Common Law Negligence

The owner is also liable under common law negligence principles:

1. Duty of Care

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

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 comply with vicious dog requirements (if applicable)

3. Causation and Damages

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

D. Negligence Per Se

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

• [ ] 20 V.S.A. Sections 3541-3550 - Vicious Dog Requirements (if applicable)
• [ ] [Town] Ordinance - Leash Law
• [ ] [Town] Ordinance - Dogs at Large
• [ ] [Other applicable ordinances]

E. Landlord Liability (If Applicable)

[USE IF ATTACK OCCURRED ON RENTAL PROPERTY]

Under Vermont 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.

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

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], Vermont, 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 liability of the dog owner under Vermont 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 Vermont
- The strength of liability under Vermont's dog bite statutes

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 vicious dog finding (if applicable)
• [ ] 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. Under Vermont law, the dog owner is liable for the damages caused. [If applicable: This dog was previously found to be vicious, establishing strict liability as a matter of law.]

The liability in this case is clear. We are prepared to file suit in the Superior Court for [County] County, Vermont if this matter cannot be resolved.

Please contact me at your earliest convenience to discuss settlement.

Respectfully submitted,

[FIRM NAME]

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

ENCLOSURES: [List]

cc: [Client Name]
[File]

VERMONT-SPECIFIC PRACTICE NOTES

• [ ] Two-Tier System: Vermont distinguishes between first bites (negligence) and subsequent bites by vicious dogs (strict liability).

• [ ] Vicious Dog Finding: Check with municipal authorities whether dog has been previously found vicious under 20 V.S.A. Section 3546.

• [ ] 3-Year Statute of Limitations: 12 V.S.A. Section 512.

• [ ] Modified Comparative Fault (50% Bar): 12 V.S.A. Section 1036 - Recovery barred if plaintiff more than 50% at fault.

• [ ] Municipal Involvement: Vermont municipalities have significant authority over dangerous dogs - check local ordinances and contact town/city animal control.

• [ ] Small State Considerations: Vermont is a small state with a close-knit legal community - local relationships and reputation matter.

• [ ] Venue: Superior Court in county where defendant resides or where cause of action arose. V.R.C.P. 3.

• [ ] Punitive Damages: Available for malicious, willful, or wanton conduct under Vermont common law.