DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK
STATE OF WISCONSIN
[FIRM NAME]
Attorneys at Law
[Street Address]
[City, Wisconsin ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of Wisconsin
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 [City/Village/Town], [County] County, Wisconsin. The attack was perpetrated by a [Breed] dog owned by [Dog Owner Name]. This letter constitutes our formal demand for settlement.
I. WISCONSIN-SPECIFIC LEGAL FRAMEWORK
A. Statute of Limitations
Under Wisconsin Statutes Section 893.54, 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. Wisconsin Strict Liability Dog Bite Statute - Wis. Stat. Section 174.02
Wisconsin is a strict liability state for dog bites with enhanced damages provisions.
Wis. Stat. Section 174.02(1) provides:
"(a) Without notice. Subject to s. 895.045 and except as provided in s. 895.57, the owner of a dog is liable for the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property.
(b) After notice. Subject to s. 895.045 and except as provided in s. 895.57, the owner of a dog is liable for 2 times the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property if the owner was notified or knew that the dog previously injured or caused injury to a person, domestic animal or property."
Key Features of Wisconsin's Statute:
- Strict Liability: Owner is liable for full damages regardless of prior knowledge
- Double Damages: If owner had prior notice/knowledge of dog's dangerous behavior, damages are DOUBLED
- No Provocation Exception Requirement: Unlike many states, the statute does not require absence of provocation for basic liability
C. Wisconsin Case Law on Dog Bite Liability
Key Wisconsin Cases:
- Alwin v. State Farm Fire & Cas. Co., 2007 WI App 180, 304 Wis. 2d 772 - Application of strict liability
- Pawlowski v. American Family Mut. Ins. Co., 2009 WI 105, 322 Wis. 2d 21 - Scope of owner liability
- Barger v. W.C. McQuade, Inc., 2010 WI App 74, 324 Wis. 2d 712 - Keeper vs. owner distinction
- Smaxwell v. Bayard, 2004 WI 101, 274 Wis. 2d 278 - Comparative negligence in dog bite cases
D. Modified Comparative Negligence
Wisconsin follows modified comparative negligence with a 51% bar under Wis. Stat. Section 895.045. A plaintiff may recover damages only if the plaintiff's negligence is not greater than the negligence 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. Wisconsin Dangerous Dog Laws
Wisconsin Statutes Section 174.02(3) and related provisions address dangerous dogs:
- Counties and municipalities may enact dangerous dog ordinances
- Dogs may be ordered euthanized after severe attacks
- Prior knowledge triggers double damages provision
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
- [ ] Prior notice to owner of dangerous behavior (for double damages claim)
- [ ] 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)
Wisconsin recognizes spoliation claims. 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]," etc.] in [City/Village/Town], [County] County, Wisconsin.
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. Owner's Prior Knowledge - Double Damages Under Wis. Stat. Section 174.02(1)(b)
[CRITICAL FOR DOUBLE DAMAGES CLAIM]
Wisconsin law provides for double damages when the owner "was notified or knew that the dog previously injured or caused injury to a person." The following evidence demonstrates prior notice or knowledge:
-
[ ] Prior Bite Incidents: This dog has bitten [number] other people on [prior dates]. [Provide details, including any documentation of owner being notified.]
-
[ ] Written Notice to Owner: On [date], [Person/Authority] provided written notice to [Dog Owner Name] that the dog had injured [victim].
-
[ ] Animal Control Records: [County/City] Animal Control records document prior incidents on [dates] and notification to the owner.
-
[ ] Prior Complaints: [Number] complaints have been filed and communicated to the owner regarding this dog's aggressive behavior.
-
[ ] Prior Aggressive Behavior: This dog has displayed aggressive behavior on multiple occasions, including [describe], which was communicated to the owner.
-
[ ] "Dangerous Dog" Designation: This animal has been designated as dangerous by [Authority].
-
[ ] Insurance Claims: Prior insurance claims have been made for this dog's behavior.
-
[ ] Owner Admissions: The owner has admitted knowledge of prior incidents.
-
[ ] Witness Statements: Witnesses can attest that the owner was notified of prior dangerous behavior.
C. No Comparative Fault
Our client did absolutely nothing to contribute to this attack:
- [ ] Our client was peacefully and lawfully present at the location
- [ ] 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 was engaged in normal, everyday activities
IV. LIABILITY ANALYSIS
A. Strict Liability Under Wis. Stat. Section 174.02(1)(a) - Full Damages
Under Wisconsin's strict liability statute, the dog owner is liable for full damages because:
-
The defendant owned the dog - [Dog Owner Name] owned the dog at all relevant times.
-
The dog injured our client - Our client was viciously attacked and bitten, causing serious injuries.
Liability is established as a matter of law. No proof of prior knowledge or negligence is required.
B. Double Damages Under Wis. Stat. Section 174.02(1)(b)
The dog owner is liable for DOUBLE DAMAGES because:
- The dog injured our client; AND
- The owner was notified or knew that the dog previously injured a person
Evidence of prior notice/knowledge includes: [summarize key evidence from Section III.B]
Under Wisconsin law, all compensatory damages are doubled when prior notice is established.
C. 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 take additional precautions after notice of prior incidents
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:
- [ ] Wis. Stat. Section 174.042 - Dogs running at large prohibited
- [ ] [City/Village] Ordinance - Leash Law
- [ ] [City/Village] Ordinance - Dangerous Dog Ordinance
- [ ] [County] Ordinance - Animal Control
- [ ] [Other applicable ordinances]
E. Landlord Liability (If Applicable)
[USE IF ATTACK OCCURRED ON RENTAL PROPERTY]
Under Wisconsin law, a landlord may be held liable when:
- The landlord knew or should have known of the dog's dangerous propensities
- The landlord had authority to remove the animal
- The landlord failed to take reasonable action
F. Defenses - Comparative Negligence Analysis
Under Wis. Stat. Section 895.045, comparative negligence applies to dog bite claims. However:
Our client bears no fault:
- [ ] Our client did not provoke the attack
- [ ] Our client was lawfully present
- [ ] Our client exercised reasonable care
- [ ] Our client did not contribute to the escape or attack
Any reduction in damages based on comparative fault is unwarranted.
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], Wisconsin, 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
| Provider | Service | Amount Billed |
|---|---|---|
| [Ambulance Service] | Emergency Transport | $[Amount] |
| [Hospital] | Emergency Department | $[Amount] |
| [Hospital] | Rabies PEP Series | $[Amount] |
| [Wound Care] | Follow-up Care | $[Amount] |
| [Plastic Surgeon] | Consultation/Surgery | $[Amount] |
| [Mental Health] | Therapy | $[Amount] |
| [Pharmacy] | Medications | $[Amount] |
| TOTAL PAST MEDICAL | $[Total] |
B. Future Medical Expenses
| Treatment | Estimated Cost |
|---|---|
| Future Scar Revision Surgery | $[Amount] |
| Continued Mental Health Treatment | $[Amount] |
| Future Medications | $[Amount] |
| TOTAL FUTURE MEDICAL | $[Total] |
C. Lost Wages
| Category | Amount |
|---|---|
| Lost Wages ([dates]) | $[Amount] |
| Lost PTO/Sick Time | $[Amount] |
| TOTAL LOST WAGES | $[Total] |
D. Pain and Suffering
[Describe physical pain, emotional distress, disfigurement, and loss of enjoyment of life]
E. Summary of Damages - Single Damages
| Category | Amount |
|---|---|
| Past Medical Expenses | $[Amount] |
| Future Medical Expenses | $[Amount] |
| Past Lost Wages | $[Amount] |
| TOTAL ECONOMIC DAMAGES | $[Subtotal] |
| Pain and Suffering | $[Amount] |
| Permanent Disfigurement | $[Amount] |
| Emotional Distress / PTSD | $[Amount] |
| Loss of Enjoyment of Life | $[Amount] |
| TOTAL NON-ECONOMIC DAMAGES | $[Subtotal] |
| TOTAL SINGLE DAMAGES | $[Grand Total] |
F. Double Damages Calculation
[USE IF PRIOR NOTICE/KNOWLEDGE ESTABLISHED]
Under Wis. Stat. Section 174.02(1)(b), when prior notice is established, the owner is liable for 2 times the full amount of damages:
| Category | Amount |
|---|---|
| Total Single Damages | $[Amount] |
| TOTAL DOUBLE DAMAGES | $[Amount x 2] |
VII. SETTLEMENT DEMAND
A. Demand Amount
Based upon the clear strict liability of the dog owner under Wis. Stat. Section 174.02, the established prior knowledge warranting double damages, the severity and permanence of our client's injuries, and the substantial damages incurred, we hereby demand:
$[DEMAND AMOUNT - DOUBLE DAMAGES]
[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]
- Non-economic damages of $[Amount]
- Double damages under Wis. Stat. Section 174.02(1)(b) based on prior notice
- Comparable verdicts and settlements in Wisconsin
- Wisconsin'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
- [ ] Evidence of prior incidents and notice to owner
- [ ] Witness statements
- [ ] Employment records and wage verification
- [ ] Mental health treatment records
- [ ] HIPAA authorizations
X. CONCLUSION
This was a vicious attack by a dog with a known history of dangerous behavior. Under Wis. Stat. Section 174.02, the dog owner is strictly liable, and because the owner had prior notice of the dog's dangerous propensities, our client is entitled to double damages.
The liability in this case is established as a matter of law. We are prepared to file suit in the Circuit Court for [County] County, Wisconsin if this matter cannot be resolved.
Please contact me at your earliest convenience to discuss settlement.
Respectfully submitted,
[FIRM NAME]
By: _________________________________
[Attorney Name]
State Bar of Wisconsin No. [Number]
Attorney for [Client Name]
ENCLOSURES: [List]
cc: [Client Name]
[File]
WISCONSIN-SPECIFIC PRACTICE NOTES
-
[ ] Strict Liability State: Wis. Stat. Section 174.02 - No need to prove negligence or prior knowledge for basic liability.
-
[ ] DOUBLE DAMAGES: Wis. Stat. Section 174.02(1)(b) - When owner had prior notice/knowledge, ALL damages are doubled. Critical to gather evidence of prior incidents and notice.
-
[ ] 3-Year Statute of Limitations: Wis. Stat. Section 893.54.
-
[ ] Modified Comparative Fault (51% Bar): Wis. Stat. Section 895.045 - Recovery barred if plaintiff 51% or more at fault.
-
[ ] Dog at Large Statute: Wis. Stat. Section 174.042 - Violation is negligence per se.
-
[ ] Local Ordinances: Milwaukee, Madison, Green Bay, and other municipalities have specific leash and dangerous dog ordinances.
-
[ ] Punitive Damages: Available for intentional or outrageous conduct. Wis. Stat. Section 895.043 (in addition to double damages under dog statute).
-
[ ] Prejudgment Interest: Wis. Stat. Section 807.01 - Available by court order.
-
[ ] Venue: County where cause of action arose or where defendant resides. Wis. Stat. Section 801.50.
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[ ] Evidence of Prior Notice: Critical for double damages - obtain animal control records, prior complaints, correspondence, witness statements about prior incidents.