DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

STATE OF WEST VIRGINIA

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

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

I. WEST VIRGINIA-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Under West Virginia Code Section 55-2-12, 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. West Virginia Dog Bite Law - Statutory and Common Law Framework

West Virginia employs a hybrid approach combining statutory provisions and common law principles.

W. Va. Code Section 19-20-13 provides:

"Any owner or keeper of any dog that bites or attacks a person, or any owner or keeper that knows, or should reasonably be expected to know, that his or her dog has a propensity, tendency or disposition to attack, assault, bite or otherwise injure persons shall be liable in damages for any injury caused by such dog to any person."

This statute creates liability when:
1. The dog bites or attacks a person; OR
2. The owner knows or should know of the dog's propensity to attack

Key West Virginia Cases:

• Addair v. Huffman, 195 S.E.2d 739 (W. Va. 1973) - Common law scienter requirement
• Purnell v. Harris, 217 W. Va. 213, 617 S.E.2d 554 (2005) - Statutory interpretation
• Dicker v. Fletcher, 2017 WL 3129527 (W. Va. 2017) - Recent application of dog bite law

C. Modified Comparative Negligence

West Virginia follows modified comparative negligence with a 50% bar under W. Va. Code Section 55-7-13a. A plaintiff may recover damages only if the plaintiff's fault is equal to or less 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.

D. West Virginia Dangerous Dog Laws

W. Va. Code Section 19-20-20 et seq. addresses dangerous and vicious dogs:

• County commissions may declare dogs dangerous or vicious
• Owners of dangerous dogs must comply with registration and containment requirements
• Prior designation as dangerous is strong 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" 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 West Virginia 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," "jogging in [Park Name]," etc.] in [City/Town], [County] County, West Virginia.

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 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

Under W. Va. Code Section 19-20-13, the owner is liable if they knew or should have known of the dog's propensity to attack. The following evidence demonstrates knowledge:

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

• [ ] Prior Aggressive Behavior: This dog has displayed aggressive behavior on multiple occasions, including [describe: lunging, growling, snapping, chasing, etc.].

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

• [ ] "Dangerous Dog" Designation: This animal has been designated as dangerous under W. Va. Code Section 19-20-20.

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

• [ ] Owner Admissions: The owner has admitted [describe admissions regarding the dog's temperament].

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

C. No Provocation or Fault

Our client did absolutely nothing to provoke this attack or contribute to their injuries:

• [ ] 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
• [ ] Our client exercised all reasonable care for their own safety

IV. LIABILITY ANALYSIS

A. Statutory Liability Under W. Va. Code Section 19-20-13

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

1. The dog attacked our client - Our client was viciously attacked and bitten.

2. The owner knew or should have known of the dog's propensity - As detailed in Section III.B, [Dog Owner Name] had actual and/or constructive knowledge that this dog was dangerous.

The statute imposes liability on owners who know or "should reasonably be expected to know" of their dog's dangerous propensities.

B. Common Law Scienter

In addition to statutory liability, the owner is liable under West Virginia common law scienter principles as established in Addair v. Huffman, 195 S.E.2d 739 (W. Va. 1973):

1. The dog had dangerous propensities
2. The owner knew or should have known of those propensities
3. The dog caused injury
4. The injury was proximately caused by the dangerous propensities

C. Negligence Theory

The owner is also liable under traditional negligence principles:

1. Duty of Care

Dog owners in West Virginia 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 warn visitors of the dog's dangerous propensities

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:

• [ ] W. Va. Code Section 19-20-20 et seq. - Dangerous Dog Requirements (if applicable)
• [ ] [City/County] Ordinance - Leash Law
• [ ] [City/County] Ordinance - Dogs at Large
• [ ] [Other applicable ordinances]

E. Landlord Liability (If Applicable)

[USE IF ATTACK OCCURRED ON RENTAL PROPERTY]

Under West Virginia law, a landlord may be 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

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 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], West Virginia, 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 W. Va. Code Section 19-20-13 and West Virginia common law, the severity and permanence of our client's injuries, and the substantial damages incurred, 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 West Virginia
- The strength of statutory and common law liability

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. Under W. Va. Code Section 19-20-13 and West Virginia common law, the dog owner is liable for the damages caused.

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

Please contact me at your earliest convenience to discuss settlement.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
West Virginia State Bar ID No. [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[File]

WEST VIRGINIA-SPECIFIC PRACTICE NOTES

• [ ] Statutory Liability: W. Va. Code Section 19-20-13 creates liability for owners who know or should know of dog's propensity to attack.

• [ ] 2-Year Statute of Limitations: W. Va. Code Section 55-2-12.

• [ ] Modified Comparative Fault (50% Bar): W. Va. Code Section 55-7-13a - Recovery barred if plaintiff more than 50% at fault.

• [ ] Dangerous Dog Laws: W. Va. Code Section 19-20-20 et seq. - Check for prior dangerous dog designations.

• [ ] Local Ordinances: Check county and municipal leash laws and dangerous dog ordinances.

• [ ] Punitive Damages: Available for willful, wanton, or malicious conduct. Mayer v. Frobe, 40 W. Va. 246 (1895).

• [ ] Prejudgment Interest: W. Va. Code Section 56-6-31 - Interest from date of judgment.

• [ ] Venue: County where cause of action arose or where defendant resides. W. Va. Code Section 56-1-1.