Wisconsin Dog Bite Attorney
For millions of people in Wisconsin, dogs and other pets are part of the family. They take them on vacations and spend thousands of dollars each year on grooming and medical care. Unfortunately, other people’s pets can attack without warning, and when they do, people end up in the emergency room with painful injuries. Across the United States, roughly four and a half million dog bites happen each year, according to national dog bite statistics.
At Fitzpatrick, Skemp & Butler, LLC, we represent dog bite victims as they seek compensation and justice. Wisconsin residents are fortunate that powerful laws are at their disposal to help them seek damages from animal owners. These are significant injuries, and you deserve compensation when an animal bites or attacks you. After seeking medical care, please call our law firm to schedule a free case evaluation with a Wisconsin dog bite attorney experienced in animal bite and attack cases. Top injury lawyers in Wisconsin typically work on a contingency fee arrangement, meaning you pay nothing upfront.
If you or a loved one has been bitten by a dog or hurt in an animal attack, do not wait to get legal help. Legal representation can make a real difference in the outcome of your legal case. Working with local injury lawyers provides a big advantage because they understand Eau Claire courts and local insurance adjusters.
Animal Injuries Are Serious
Any injury could have potentially devastating consequences. Animals can cause common injuries such as puncture wounds, lacerations, and severe infections. Victims may also suffer soft tissue damage, fractures, nerve damage, broken bones, and catastrophic harm in severe cases.
Some animals will knock a person over during an attack. For example, a large dog might jump on your chest, causing you to fall hard to the ground. These accidents can lead to neck injuries, concussions, and back injuries. In severe cases, animal attacks can result in fatal injuries, particularly involving children or elderly victims. In fact, young children under the age of ten suffer severe dog bite injuries more often than any other age group.
We highly recommend getting to the hospital soon after the injury occurs. A doctor should look at the wound because the risk of infection is remarkably high. Dogs and cats have many germs in their saliva and on their nails, which must be treated. There is a high risk of complications if wounds are not treated quickly, which is why getting proper medical treatment right away is so important.
Understanding Wisconsin Dog Bite Laws: Your Guide to Liability and Compensation
Dog bites can be a traumatic experience, and understanding the laws surrounding them is important for both dog owners and victims alike. In Wisconsin, the legal landscape concerning dog bite incidents is governed by strict liability statutes, which hold dog owners responsible for any injuries caused by their pets. This guide will walk you through Wisconsin dog bite laws, from the scope of strict liability to identifying liable parties, compensation options, and reporting procedures. Nearly 885,000 dog bites require medical attention each year across the country, making these laws vital for public safety.
Wisconsin dog bite lawyers can help determine liability and coverage in dog bite cases. Our personal injury attorneys will work hard to get you fair compensation for your injuries, medical bills, and other losses. We know how to gather evidence to build a strong claim for your recovery.
Going through these legal matters requires a clear understanding of your options. We will analyze the range of strict liability, repercussions for repeat offenses, and certain situational exceptions. Knowing these legal details helps you protect your family when an unexpected attack happens in your community.
Navigating Wisconsin’s Strict Liability Statute for Dog Bites
In Wisconsin, dog owners are held strictly liable for any damages caused by a bite or attack by their dog on another person, domestic animal, or property. This means that the dog owner is legally responsible for the physical injuries caused by their pet, even if the owner was not negligent or the dog had no prior history of aggressive behavior. Dog bite victims can bring a lawsuit under Section 174.02 of the Wisconsin statute for a dog bite, attack, or injury. You have legal rights under Wisconsin law that make an owner strictly liable for all injuries caused by the dog.
The law makes it easier for victims to seek financial recovery without having to prove negligence first. You do not need to show that the owner failed to control the pet or acted carelessly. As long as the bite occurred and you were lawfully present, liability falls directly on the owner.
This legal protection ensures that injured people do not bear the heavy burden of medical costs alone. Our firm helps victims use Wisconsin’s dog bite laws to demand full payment for their losses. We fight to make sure insurance companies do not deny claims or lower your payout.
The Scope of Strict Liability
The scope of strict liability in Wisconsin encompasses injuries to people, animals, and property damage caused by dogs, even if the dog has never previously injured someone. This means that dog owners, as well as keepers and harborers of the dog, can be held liable for injuries caused by their pets. An experienced dog bite lawyer can help identify every person who shared control of the animal.
Strict liability extends beyond basic physical harm to include permanent physical scarring and emotional distress like anxiety, fear, and post-traumatic stress disorder that result from a dog attack. Psychological trauma is a recognized form of harm, and victims can seek compensation for it. Many victims also need ongoing medical care to treat deep scars or lasting trauma.
If you were bitten by a dog or injured in a dog attack, state rules give you the right to take legal action against the owner. It does not matter whether the animal had ever shown aggression before the event. You can pursue the maximum amount of compensation available under state regulations.
Double Damages for Repeat Offenses
Wisconsin law imposes double damages on dog owners for any subsequent incidents involving their pets. This means that if a dog owner’s pet has previously caused harm or damage to another person, animal, or property, the owner may face increased fines and penalties for any additional incidents involving their pet. In other words, if the owner knew the dog had prior aggression or caused injury before, you may be entitled to twice the amount in damages. When an owner knew of a dog’s viciousness and the attack leaves permanent scars, double damages may apply under state law.
This rule acts as a strong motivator for dog owners to exercise extra care, safeguarding others in proximity to their pets. An experienced dog bite lawyer can help determine whether double damages apply in your situation. We work hard to pursue the maximum compensation available for your claim.
Getting double the payout can help cover long-term costs like future surgeries or lost income. Insurance companies often try to hide prior incidents to avoid paying these extra sums. Our legal team investigates past complaints to hold reckless owners accountable.
Exceptions to the Rule
While strict liability generally holds dog owners responsible for injuries caused by their pets, there are certain exceptions that may apply. For example, if the victim was trespassing on the dog owner’s property or intentionally provoked the dog, the owner might not be held liable for the injuries sustained. In such cases, the burden of proof lies with the owner to demonstrate that the victim was trespassing or provoking the animal.
Numerous factors can affect the outcome of Wisconsin dog bite cases, and the at-fault party will often try to argue that the victim did something to cause the attack. An animal attack attorney can help you counter those arguments and protect your right to recover compensation. We analyze every detail to show you did nothing wrong.
Understanding these exceptions helps us build a solid case on your behalf. If an insurance adjuster tries to blame you for the incident, we stand up for your rights. We gather other evidence to show you were acting lawfully and peacefully when the animal attacked.
Identifying Liable Parties in Wisconsin Dog Bite Incidents
Establishing liability in dog bite cases may involve parties other than the dog owner if they were in control of or had care of the pet during the incident. This may include dog sitters, landlords, and property owners. It is important to understand how state rules assign responsibility in such cases, as well as how contributory negligence may affect your payout.
Identifying the correct at-fault party is one of the most important steps in any dog bite injury case. Our injury lawyers have experience investigating these incidents and finding all responsible parties. We make sure no potential source of financial recovery is overlooked.
Multiple insurance policies may apply depending on who had custody of the animal. For instance, a commercial dog walking service or boarding facility might carry separate liability coverage. We carefully review every policy to seek the full funds you need.
Beyond the Owner: Other Potentially Liable Parties
Apart from the dog owner, other potentially liable parties in dog bite cases may include dog walkers, kennels, and parents of minor pet owners. Individuals or entities that temporarily possess or care for a dog, such as dog walkers and kennels, may be held responsible for injuries caused by the dog while under their care.
Parents of minor pet owners may also be held liable for injuries caused by their child’s pet. This also includes situations involving someone else’s dog that was being watched or walked by a third party at the time of the attack. An experienced dog bite lawyer can review these details to ensure all responsible individuals pay their fair share.
Owner’s liability can extend to landlords as well if they knew a tenant kept a dangerous dog on the property and failed to take action. A dog bite lawyer can help identify all potentially liable parties in your case. We work to gather evidence that establishes who had control of the animal when it caused injury.
Understanding Contributory Negligence
Under Wisconsin’s contributory negligence rule, a dog bite victim may be found partially responsible for the attack if their actions contributed to the incident. In such cases, the compensation awarded to the victim may be reduced according to the percentage of fault attributed to them.
This highlights the need to understand the full circumstances of a dog bite incident and the possible effects of contributory negligence on your financial recovery. This is one of several reasons why seeking legal help early is so important. A personal injury attorney can help you present your case in the strongest possible light.
If you are found to be more than half at fault, state law prevents you from recovering any money at all. That is why insurance companies try hard to shift blame onto victims. We fight back against these tactics to protect your financial recovery.
What Compensation Can Dog Bite Victims Seek?
Dog bite victims in Wisconsin have the right to seek compensation for their injuries. The types of damages that may be awarded include medical expenses, lost wages, and emotional distress. Financial compensation can cover both the immediate costs of your injuries and the long-term impact on your life.
For a clearer understanding of the recovery options for dog bite victims, we will examine the possible damages in greater detail. Every case is unique, and the total value depends on how severely you were hurt. Most Wisconsin dog bite cases resolve through insurance settlement negotiations instead of going to a courtroom trial.
We take the time to calculate all your past, current, and future losses. Insurance companies often try to make low offers before victims know the full cost of their care. We work to make sure your settlement covers all your short-term and long-term needs.
Medical and Rehabilitation Costs
Compensation for medical and rehabilitation costs may cover expenses such as:
- Emergency room treatment
- Hospitalization
- Surgeries
- Medications
- Therapy
The dog owner is held liable for these costs, which can be substantial depending on the severity of the serious injury sustained. Medical bills after an animal attack can pile up fast, and victims should not have to carry that financial burden alone.
Lost Wages and Earning Capacity
Victims may also be entitled to recover lost income and compensation for reduced earning capacity resulting from their injuries. This may include past, current, and future lost income, as well as potential income that the victim could have earned had they not been injured. In catastrophic injury cases, the impact on a person’s ability to work can be permanent, making this a major part of the overall damages sustained.
Emotional Distress and Quality of Life
In addition to medical expenses and lost wages, dog bite victims may also be awarded damages for:
- Emotional distress
- Impact on their quality of life
- Anxiety
- Fear
- Depression
- Post-traumatic stress disorder resulting from the dog attack
- Psychological trauma that affects daily life and relationships
These non-economic damages are real and recognized under Wisconsin law. A skilled personal injury attorney can help document and present these losses as part of your claim.
Reporting and Legal Steps After a Dog Bite in Wisconsin
The process of reporting a dog bite in Wisconsin involves several important steps: reaching out to animal control, obtaining medical care, and seeking the advice of a dog bite lawyer. Following these steps helps with proper documentation and investigation, which supports the pursuit of compensation for the victim.
Taking the right steps after a dog bite can have a significant impact on your ability to recover compensation. Here is what to do:
- Seek medical attention immediately, even for wounds that seem minor
- Report the incident to local law enforcement and animal control
- Photograph your injuries and the location of the attack
- Get the dog owner’s contact and insurance information
- Collect names and contact information from any witnesses
- Contact a Wisconsin dog bite attorney before speaking to the owner’s insurance company
Contacting Animal Control and Law Enforcement Agencies
After a dog bite incident, it is essential to take the following steps:
- Report the incident to your local law enforcement agency and animal control agencies.
- Ensure that proper documentation and investigation are conducted.
- This can help prevent future incidents involving the same dog.
When reporting a dog bite, be prepared to provide your personal details, a description of the injury, the dog owner’s information (if available), and the details of the attack. The Wisconsin Department of Agriculture, Trade, and Consumer Protection (DATCP) also tracks dangerous animals, and a report may be part of the record used in your case.
Seeking Immediate Medical Care
Immediate medical care is of the utmost importance for dog bite victims to prevent infection and other health complications. Dog bites can result in serious injuries, including nerve and muscle damage, broken bones, and infections such as rabies and tetanus. A dog bite injury can have long-lasting effects on a person’s physical and emotional well-being.
Prompt medical attention can help reduce the risk of these complications and improve the chances of a full recovery. Delaying treatment can also hurt your injury claim, as the at-fault party’s insurance company may argue your injuries were not serious.
Consulting with our Wisconsin Dog Bite Lawyer
There are many steps you should take to strengthen your claim for an injury. You need to prove fault by identifying which animal injured you so you can pursue compensation from the correct owner. If you were injured by an animal other than a dog, you need to establish negligence.
At Fitzpatrick, Skemp & Butler, LLC, our Wisconsin dog bite injury attorneys can help with the following:
- Documenting your injuries
- Navigate the legal process, and provide expert guidance on available options
- Represent the victim in court if necessary.
- Collecting proof of out-of-pocket expenses like medical care and lost income
- Interviewing witnesses to outline what happened to cause the injury
- Identifying the correct animal that injured you.
- Negotiating with the animal owner or their insurance company to compensate you for your injuries.
- Pursue fair compensation for the victim
Seeking legal representation early gives you the best chance at a successful resolution. Our Wisconsin dog bite lawyers are ready to help you understand your rights and options following a dog bite incident. We want you to feel supported every step of the way.
Preventative Measures and Responsible Ownership
Preventing dog bite incidents is a shared responsibility between dog owners and the community at large. Through responsible dog ownership and heightened community awareness, we can mitigate the risk of dog bite incidents, fostering a safer atmosphere for people and pets alike.
Educating Owners on Humane Treatment
Dog owners should be educated on proper care, training, and socialization to prevent aggressive behavior. This includes adhering to Wisconsin’s animal abuse and neglect laws, conducting regular health checks, and ensuring responsible breeding and care.
By providing care and training in a proper and humane manner, dog owners can help ensure the safety and well-being of both their pets and the community. Wisconsin dog bite laws exist not just to compensate victims, but also to hold dog owners accountable and encourage safer behavior.
Community Awareness and Safety Tips
Community awareness and safety tips can help protect both people and pets from dog bite incidents. This includes:
- Raising awareness about responsible dog ownership
- Proper training and socialization
- Educating children on how to approach and interact with dogs safely.
By promoting community education and awareness, we can work together to prevent dog bites and create a safer environment for all. Teaching children never to approach someone else’s dog without asking the owner first is one of the most effective ways to prevent bites.
Dangerous Dog Breeds
Any dog can injure a person. Because infection is a serious risk for any dog bite, even small animals can cause serious complications. Still, some breeds are more dangerous than others. Unsurprisingly, large and aggressive dogs can cause the most serious injuries, including fractures or even fatal injuries.
The most dangerous breeds include:
- Pit bull terriers
- American Staffordshire Terrier
- Dog breed
- Rottweilers
- Argentine Mastiffs
- Doberman Pinschers
- Akitas
No matter the breed, a dog bite is a significant injury. Even a smaller dog can bite with enough force to cause puncture wounds, infections, or nerve damage. Our attorneys at Fitzpatrick, Skemp & Butler, LLC can help with all types of dog bite cases regardless of breed.
Other Animal Bites and Attacks
Although dog bites make up most animal injuries, any animal could cause harm, including but not limited to:
- Cats
- Cows
- Bulls
- Horses
- Snakes
There is no specific law that covers injuries involving animals other than dogs. An animal owner is liable for any injury that they could foresee. For example, a person who has loose animals could be responsible for the injuries sustained due to allowing their animals to not be contained.
Animal attacks involving livestock or exotic animals often fall under general negligence law. To succeed in these personal injury cases, we need to show what steps the owner took to keep people and their animals safe. A personal injury attorney with experience in animal attack cases can help you build that evidence and pursue compensation.
Limitations on Your Compensation
Wisconsin applies comparative negligence to animal injuries—even dog attacks under the strict liability statute. Essentially, if you are partially responsible for the accident, then you could receive less compensation. For example, you might have:
- Teased or tormented the animal, such as throwing rocks at it or pulling its tail.
- Accidentally struck the animal, causing it to injure you.
- Failed to properly supervise your child, who ended up getting bitten when it confronted an animal.
- Ignored a “Do Not Pet” or “Dangerous Animal” sign.
If you took these or other steps, then your own negligence was a contributing factor in the attack. Under Wisconsin law, the amount of compensation you can receive is reduced proportionally by your share of fault. Someone who is 45% at fault will only receive 55% of their damages. Someone who is 50% at fault will receive only half their damages.
And if you are 51% or more at fault? In Wisconsin, you will receive nothing. Wisconsin bars any financial recovery when your own fault is greater than the defendant’s. This is why it is so important to have a personal injury attorney review your case before you speak to anyone from the insurance company.
Most settlements are paid by a homeowner’s or renter’s insurance policy. If a business owned the animal, then they should have a business liability policy. When no insurance is available, however, we will need to consider other options.
You should also avoid giving any type of statement to the owner’s insurer. One of their agents might call you at home. Some might even make a quick settlement offer, which is almost always too little. After an animal injury, avoid making statements or settling with the animal owner’s insurance company until you have contacted a personal injury attorney.
Call Our Wisconsin Animal Bites & Attacks Attorney for your Animal Injury Case
Animal injuries can be terrifying experiences that leave long-lasting physical and emotional wounds. Victims often suffer from painful wounds, high medical bills, missed work, and emotional trauma like nightmares or anxiety. You should not have to pay for these losses when someone else’s pet hurts you.
Please contact Fitzpatrick, Skemp & Butler, LLC today to speak with a dedicated legal professional about your claim. Our team will review your case, explain your legal rights, and help you gather evidence to build a strong demand for compensation. We work hard so you can focus on your medical recovery.
We serve clients throughout the state, including Eau Claire, La Crosse, Onalaska, and nearby communities. Call us today at608-784-4370 to set up a free consultation with a Wisconsin dog bite attorney. You pay no attorney fees unless we successfully recover money for your injuries.
Frequently Asked Questions About Dog Bites and Animal Attacks in Wisconsin
What happens if a dog bites someone in Wisconsin?
If a dog bites someone in Wisconsin, the dog owner is strictly liable for any damages resulting from the bite and may be required to pay double damages if they were aware of previous injuries caused by the dog. Additionally, the owner could face fines and other penalties. Victims can file dog bite claims to recover medical bills, lost income, pain and suffering, and more. Speaking with a Wisconsin dog bite attorney after an attack can help you understand all of your options.
Do doctors have to report dog bites in Wisconsin?
Doctors in Wisconsin are required to report dog bites to the state health department or animal control agency if a victim presents at their office or hospital. This reporting requirement helps track dangerous animals and creates an official record that can support your dog bite claim.
Am I liable if my dog bites?
As a dog owner, you can be held liable for damages caused by a dog bite if the victim was lawfully on your property or if your state follows strict liability rules. You may also be found responsible if your pet has displayed previous signs of aggression or “viciousness.” Wisconsin law states that dog owners are held strictly liable for injuries their pets cause, regardless of the dog’s prior behavior. In any case, an injured party may file an insurance claim or sue you to seek compensation for their harm and related costs.
What states have the one-bite rule?
Sixteen states, including Alaska, Arkansas, Idaho, Kansas, Maryland, Mississippi, Nevada, New Mexico, New York, North Dakota, Oregon, South Dakota, Texas, Vermont, Virginia, and Wyoming, have the one-bite rule. Wisconsin is not one of them. Wisconsin dog bite laws hold dog owners strictly liable for the very first bite, which gives victims stronger legal rights than in many other states.
What is Wisconsin’s strict liability statute for dog bites?
In Wisconsin, dog owners are held strictly liable for any injuries their pets may cause and may face increased penalties for repeat offenses. The law covers injuries to people, domestic animals, and property, and does not require the victim to prove the owner knew the dog was dangerous. Certain exceptions may apply, such as trespassing or provocation, but an experienced dog bite attorney can help you understand how the law applies to your situation.
What should I do after an animal injury?
You can significantly help your case by taking sensible steps after an injury. We recommend the following.
First, seek medical attention and then document the injury as best as you can. Some additional things you can do include:
- Get a picture of the animal, if possible.
- Identify the animal’s owner.
- Talk with witnesses and get their names and phone numbers, These witnesses can help establish what happened.
- Take pictures of your wounds.
- Call animal control or the police to report the animal.
How do I prove fault in a dog bite case?
To prove fault in a dog bite case in Wisconsin, you generally need to show that a dog caused your injury and that you were lawfully in the location where the attack happened. Because Wisconsin follows strict liability rules, you do not have to prove the owner was careless. However, you do need to document your injuries, identify the dog and its owner, and gather any available witness accounts. A personal injury attorney can help you collect and organize that evidence to build a strong claim.
How long do I have to file a dog bite claim in Wisconsin?
In Wisconsin, the statute of limitations for personal injury cases, including dog bite claims, is generally three years from the date of the injury. If you miss this deadline, you may lose your right to seek compensation entirely. It is always better to act quickly. Evidence can be lost, and witnesses can become harder to reach over time. Contact our Wisconsin dog bite lawyers as soon as possible to protect your legal rights.
What if the dog owner does not have insurance?
Most dog bite settlements are paid through a homeowner’s or renter’s insurance policy. If the owner has no insurance, there may still be options available depending on the circumstances of the attack. An experienced dog bite attorney can explore all possible sources of recovery, including other liable parties like landlords or property owners. Do not assume you have no options just because the owner lacks coverage.
Can I recover compensation if a dog knocked me down but did not bite me?
Yes. Wisconsin dog bite laws cover not just bites but also other injuries caused by a dog, such as being knocked over, scratched, or charged. If a dog caused your injury, you may have grounds for a personal injury case regardless of whether a bite occurred. Our dog bite lawyers can review the facts of your situation and let you know whether you have a valid claim.
Fitzpatrick, Skemp & Butler, LLC serves animal bite and attack victims throughout Wisconsin, including Eau Claire, La Crosse, and Onalaska. Contact our legal team today for a free consultation. No fees unless we recover compensation for you.