Many dog bite victims in Wisconsin wonder whether they can pursue legal action if the dog that attacked them had no history of aggression. It’s a common misconception that you need to prove the dog was previously dangerous or that the owner knew about aggressive tendencies. The good news for dog bite victims in Wisconsin is that the state has one of the strongest dog bite laws in the country, and a dog’s lack of prior incidents doesn’t prevent you from seeking compensation.
Wisconsin’s Strict Liability Dog Bite Law
Wisconsin Statutes § 174.02 establishes strict liability for dog owners, meaning they are automatically responsible for injuries their dogs cause, regardless of the dog’s history or the owner’s knowledge of any aggressive tendencies. This law states that 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.
This strict liability standard is significantly more favorable to victims than the laws in many other states, which require proof that the owner knew or should have known their dog was dangerous.
What “Strict Liability” Means for Your Case
Under Wisconsin’s strict liability law, you don’t need to prove:
•The dog had bitten someone before
•The owner knew the dog was aggressive
•The owner was negligent in controlling the dog
•The owner violated any specific law or regulation
You simply need to prove that the dog bit you and caused your injuries. This makes Wisconsin dog bite cases much more straightforward than personal injury cases that require proof of negligence.
The “One Bite Rule” Doesn’t Apply in Wisconsin
Many states follow what’s called the “one bite rule,” which gives dogs essentially one “free bite” before the owner can be held liable. Under this rule, owners are only liable if they knew or should have known their dog was dangerous, often based on prior incidents.
Wisconsin specifically rejected this approach in favor of strict liability, recognizing that dog bite victims shouldn’t have to prove the owner’s knowledge or the dog’s history to recover compensation for their injuries.
Limited Exceptions to Strict Liability
While Wisconsin’s dog bite law strongly favors victims, there are a few limited exceptions where the owner might not be liable:
Trespassing: If you were unlawfully on the owner’s property when the bite occurred, the owner may not be liable. However, this exception is narrowly interpreted. For example, mail carriers, delivery drivers, and other people with legitimate business purposes are not considered trespassers.
Provocation: If you provoked the dog, the owner might not be liable. However, Wisconsin courts interpret “provocation” very narrowly. Normal interactions with a dog, such as petting or playing, are not considered provocation.
Working Dogs: There are limited exceptions for certain working dogs, such as police dogs or military dogs, when they’re performing their duties.
Why the Dog’s History Still Matters
Even though you don’t need to prove the dog’s aggressive history to win your case, this information can still be valuable for several reasons:
Damages: Evidence of prior aggressive behavior might support claims for punitive damages or increased compensation for emotional distress.
Settlement Negotiations: Insurance companies may be more willing to settle for a fair amount if they know the dog has a history of problems.
Public Safety: Documenting the dog’s history can help prevent future attacks on other victims.
Common Insurance Company Tactics
Even with Wisconsin’s favorable law, insurance companies will still try to minimize their payouts. They might argue that:
•You were trespassing (even when you weren’t)
•You provoked the dog (even through normal interaction)
•Your injuries aren’t as severe as claimed
•The incident didn’t actually involve a “bite” under the statute
An experienced dog bite attorney will know how to counter these tactics and protect your rights.
Types of Compensation Available
Under Wisconsin’s strict liability law, you may be entitled to compensation for:
•Medical expenses (current and future)
•Lost wages and reduced earning capacity
•Pain and suffering
•Emotional distress and trauma
•Scarring and disfigurement
•Property damage (torn clothing, etc.)
The Importance of Acting Quickly
While Wisconsin’s dog bite law is favorable to victims, it’s still important to act quickly after an attack. Evidence can disappear, witnesses’ memories fade, and there are statutes of limitations that limit how long you have to file a lawsuit.
Contact Fitzpatrick, Skemp & Butler, LLC
If you’ve been bitten by a dog in Wisconsin, don’t let the dog’s lack of prior incidents discourage you from seeking compensation. Wisconsin’s strict liability law is designed to protect victims like you, regardless of the dog’s history.
Contact Fitzpatrick, Skemp & Butler, LLC today for a free consultation. We’ll explain your rights under Wisconsin law and fight to get you the compensation you deserve. Remember, you pay nothing unless we win your case.