DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

STATE OF WYOMING

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

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

I. WYOMING-SPECIFIC LEGAL FRAMEWORK

A. Statute of Limitations

Under Wyoming Statutes Annotated Section 1-3-105(a)(iv)(C), 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. Wyoming Dog Bite Law - Common Law One-Bite Rule

Wyoming does not have a strict liability dog bite statute. Dog bite cases in Wyoming are governed by the common law "one-bite" rule and traditional negligence principles.

Under Wyoming common law, a dog owner is liable for injuries caused by their dog if:

1. The dog had dangerous or vicious propensities; 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 Wyoming Cases:

• Grizzle v. State, 707 P.2d 1210 (Wyo. 1985) - Discussed animal owner liability
• Guzman v. Arp, 2009 WY 69, 207 P.3d 1281 - Comparative negligence application
• Harmon v. Star Valley Med. Ctr., 2014 WY 67, 325 P.3d 452 - General negligence principles

C. Modified Comparative Negligence

Wyoming follows modified comparative negligence with a 50% bar under Wyo. Stat. Ann. Section 1-1-109. A plaintiff may recover damages only if the plaintiff's negligence does not equal or exceed the negligence of the defendant. If the plaintiff is 50% or more at fault, recovery is completely barred.

Our client bears no responsibility for this attack.

D. Wyoming Dangerous Dog Laws

Wyoming Statutes Title 11, Chapter 31 provides a framework for dangerous animal regulation, though specific dangerous dog provisions are primarily governed at the municipal level:

• Cities and towns may adopt ordinances regulating dangerous dogs
• Cheyenne, Casper, Laramie, and other municipalities have dangerous dog ordinances
• Prior designation as a dangerous dog 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 from local authorities
• [ ] 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 Wyoming 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 [City/Town], [County] County, Wyoming.

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," "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 WYOMING - MUST ESTABLISH OWNER KNOWLEDGE]

Under Wyoming's one-bite rule, 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 to chase people, etc.].

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

• [ ] "Dangerous Dog" Designation: This animal has been designated as a "dangerous dog" by local authorities.

• [ ] Warning Signs: The owner posted "Beware of Dog" or similar warning signs on the property, demonstrating awareness of the animal's dangerous nature.

• [ ] 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].

• [ ] 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.].

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 Wyoming common law, a dog owner is liable when:

1. The dog had dangerous or vicious propensities - This dog had a propensity to attack humans, as evidenced by [describe evidence of prior dangerous behavior].

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

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. Negligence Theory

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

1. Duty of Care

Dog owners in Wyoming owe a duty of ordinary care to prevent their animals from causing foreseeable injuries to others.

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) when in public
• [ ] Failing to maintain adequate fencing
• [ ] Failing to adequately supervise the animal
• [ ] Failing to warn visitors of the dog's dangerous propensities
• [ ] [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.

C. Negligence Per Se

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

• [ ] [City/Town] Municipal Code - Leash Law
• [ ] [City/Town] Municipal Code - Dogs at Large
• [ ] [City/Town] Municipal Code - Dangerous Dog Ordinance
• [ ] [Other applicable ordinances]

Under Wyoming law, violation of a statute or ordinance designed to protect a class of persons to which the plaintiff belongs may establish negligence per se.

D. Landlord Liability (If Applicable)

[USE IF ATTACK OCCURRED ON RENTAL PROPERTY]

Under Wyoming 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 require removal of the animal
3. The landlord failed to take reasonable action

E. Defenses Inapplicable

Provocation: Our client did nothing to provoke this attack.

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], Wyoming, 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. Summary of Damages

VII. SETTLEMENT DEMAND

A. Demand Amount

Based upon the demonstrated scienter of the dog owner under Wyoming 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 Wyoming
- The strength of evidence establishing owner knowledge of dangerous propensities

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 (immediately after attack and during healing)
• [ ] Police/Animal Control incident report
• [ ] Evidence of prior incidents and complaints
• [ ] Witness statements
• [ ] Employment records and wage verification
• [ ] 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 Wyoming common law, 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, Wyoming if this matter cannot be resolved. A Wyoming 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]
Wyoming State Bar No. [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[File]

WYOMING-SPECIFIC PRACTICE NOTES

• [ ] One-Bite State: Wyoming requires proof of owner knowledge under common law scienter doctrine. Extensive evidence gathering of prior incidents is essential.

• [ ] 4-Year Statute of Limitations: Wyo. Stat. Ann. Section 1-3-105(a)(iv)(C) - One of the longest limitation periods in the country.

• [ ] Modified Comparative Fault (50% Bar): Wyo. Stat. Ann. Section 1-1-109 - Recovery barred if plaintiff is 50% or more at fault.

• [ ] No Strict Liability Statute: Must prove scienter or negligence.

• [ ] Municipal Ordinances: Check local dangerous dog and leash law ordinances - Cheyenne, Casper, Laramie, and other cities have specific requirements.

• [ ] Evidence of Knowledge: Critical to gather: prior bite reports, animal control complaints, witness statements about aggressive behavior, veterinary records, "Beware of Dog" signs, owner admissions.

• [ ] Rural Considerations: Wyoming's rural nature means some attacks occur on ranches or in areas without municipal animal control - document incidents carefully.

• [ ] Punitive Damages: Available for willful and wanton misconduct. Wyo. Stat. Ann. Section 1-1-109(d).

• [ ] Prejudgment Interest: Available at 10% per annum. Wyo. Stat. Ann. Section 40-14-106.

• [ ] Venue: County where cause of action arose or where defendant resides. Wyo. R. Civ. P. 3.