Dog bites can cause serious physical injuries, emotional trauma, and significant financial burdens. In Wisconsin, dog bite incidents are more common than many people realize, with over 500 dog bite injury claims filed annually across the state. If you or a loved one has been injured by someone else’s dog, understanding your legal rights and options for compensation is essential.
Wisconsin’s Dog Bite Laws: Strict Liability
Wisconsin follows what’s known as a “strict liability” rule for dog bites, which is codified in Wisconsin Statute § 174.02. Under this law, a dog owner is automatically liable for the full amount of damages caused by their dog injuring or causing injury to a person, domestic animal, or property.
What makes Wisconsin’s law particularly favorable for victims is that:
- The owner is liable regardless of whether they knew the dog was dangerous or had previously bitten someone
- The victim doesn’t need to prove the owner was negligent or failed to use reasonable care
- Liability applies whether the injury occurred from a bite or from other actions of the dog (such as knocking someone down)
This strict liability standard makes it easier for dog bite victims to recover compensation compared to states that follow a “one bite rule” or require proof of owner negligence.
The “Double Damages” Provision
Wisconsin law includes a unique provision that can significantly increase the compensation available to dog bite victims in certain circumstances. If the dog has previously bitten someone and the owner was aware of this prior incident, the owner may be liable for twice the full amount of damages.
This “double damages” provision serves two purposes: it provides additional compensation to victims of dogs with known dangerous propensities and creates a strong incentive for owners of dangerous dogs to take extra precautions to prevent injuries.
Common Injuries from Dog Bites
Dog bites can cause a wide range of injuries, from minor puncture wounds to severe, life-threatening trauma. Common dog bite injuries include:
Physical Injuries
- Puncture wounds and lacerations
- Tissue damage and tearing
- Broken bones (particularly in hands, arms, and face)
- Nerve damage
- Infections (including dangerous bacteria like Pasteurella, MRSA, and tetanus)
- Scarring and disfigurement
- In severe cases, amputations or death
Psychological Injuries
- Post-traumatic stress disorder (PTSD)
- Fear of dogs or other animals
- Anxiety and depression
- Sleep disturbances
- Emotional distress
Children are particularly vulnerable to dog bites, both because of their smaller size and because they may not recognize warning signs that a dog might bite. According to the Centers for Disease Control and Prevention (CDC), children between the ages of 5 and 9 have the highest rate of dog bite injuries.
Types of Compensation Available for Dog Bite Victims
If you’ve been injured by a dog in Wisconsin, you may be entitled to various forms of compensation, including:
Medical Expenses
- Emergency room treatment
- Surgery and hospitalization
- Medications
- Physical therapy
- Future medical procedures (including reconstructive surgery)
- Mental health counseling
Lost Income
- Wages lost while recovering from injuries
- Reduced earning capacity if injuries affect your ability to work
- Lost future income for permanent disabilities
Pain and Suffering
- Physical pain from injuries
- Emotional distress
- Loss of enjoyment of life
- Psychological trauma
Property Damage
- Damaged clothing or personal items
- Repair or replacement of property
Other Damages
- Scarring and disfigurement
- Permanent disability
- In cases involving a dog with a previous bite history, double damages may apply
Potential Defenses in Dog Bite Cases
While Wisconsin’s strict liability law strongly favors victims, dog owners may still attempt to reduce their liability by arguing:
Provocation
If the victim provoked the dog by hitting, taunting, or otherwise aggravating it, this may reduce or eliminate the owner’s liability.
Trespassing
If the victim was illegally on private property when bitten, this may affect their ability to recover damages. However, this defense doesn’t apply to children under 7 years of age, who are presumed incapable of trespassing under Wisconsin law.
Comparative Negligence
Wisconsin follows a modified comparative negligence system. If the victim is found partially responsible for their injuries, their compensation may be reduced proportionally. However, if the victim is found to be more than 51% responsible, they may be barred from recovering any damages.
Steps to Take After a Dog Bite in Wisconsin
If you’ve been bitten by a dog in Wisconsin, taking the following steps can help protect your health and strengthen your potential legal claim:
1. Seek Medical Attention Immediately
Even if the bite seems minor, seek medical care promptly. Dog bites can cause infections, and having medical documentation of your injuries is crucial for your claim.
2. Report the Bite to Local Authorities
Report the incident to your local animal control agency or police department. This creates an official record of the bite and may help identify whether the dog has a history of aggression.
3. Document Everything
- Take photos of your injuries before and during treatment
- Keep all medical records and bills
- Document any work missed due to injuries
- Keep a journal about your recovery and how the injuries affect your daily life
4. Identify the Dog and Owner
Try to obtain the dog owner’s name, address, and contact information. Also try to determine if the dog is current on its vaccinations, particularly rabies.
5. Gather Witness Information
If anyone witnessed the attack, get their contact information. Their testimony may be valuable for your claim.
6. Consult with an Experienced Dog Bite Attorney
Wisconsin’s dog bite laws, while favorable to victims, can still be complex. An attorney experienced in dog bite cases can help navigate the legal process and ensure you receive fair compensation.
Time Limits for Filing a Dog Bite Claim in Wisconsin
Wisconsin’s statute of limitations for personal injury claims, including dog bites, is three years from the date of the injury. If you fail to file a lawsuit within this timeframe, you may lose your right to seek compensation.
For children who are bitten by dogs, the statute of limitations may be extended. Generally, the three-year clock doesn’t start running until the child turns 18, giving them until their 21st birthday to file a claim.
Call Our Experienced Wisconsin Dog Bite Attorney Today!
Dog bite injuries can have serious physical, emotional, and financial consequences. Wisconsin’s strict liability laws provide strong protections for dog bite victims, but navigating the legal process can be challenging without proper guidance.
At Fitzpatrick, Skemp & Butler, LLC, our experienced personal injury attorneys understand the complexities of Wisconsin’s dog bite laws and have a proven track record of securing fair compensation for dog bite victims throughout the state. Contact us today for a free consultation to discuss your case.