Each year, nearly 4.5 million people in the United States are bitten by dogs. The injuries, wounds, infections, and other injuries can be life-altering. At MacGillis Law Group, LLC, we have represented many personal injury victims in Wisconsin, including dog bites. If you or your loved one has been hurt and doesn’t know how to move forward, we are here for you. With this blog, we aim to help Wisconsin residents understand the strict liability dog bite law, what to do if you are bitten, legal options, and how a Milwaukee dog bite lawyer can help fight for justice.
Understanding Wisconsin’s Strict Liability Laws
Wisconsin has strict liability laws for dog bites. Simply said, dog owners are held liable for injuries caused by their pet, irrespective of whether the dog has bitten someone before or accounts for negligence. As per Wisconsin Statutes 174.02, the dog owner is liable for all the damages caused by the dog, harm to any person, and damage to any domestic animal. In simple terms, if a dog bites you in Wisconsin, the owner has to take care of your medical costs, lost income, pain, suffering and other damages.
The strict liability also answers the question, “whether you can sue for a dog bite?” The simple answer is yes. The question remains: Who is considered the dog owner? Wisconsin law considers the owner clearly; it’s not just the person who legally owns the dog, but anyone who nurtures and keeps the dog. At times, even the caretaker or landlord can be held responsible if they allow a dangerous pet on their premises. The law aims to protect the residents from injuries and hold parties at fault responsible for injuries and damage.
Double Damages for Repeat Bites
The Wisconsin Statute mentions a special provision to take action against dog owners with a history of aggression. If a dog has previously bitten someone without provocation, and the dog owner knew about it, in such a situation, the owner will be held liable for double damages. This implies that if you were injured by a dog whose owner knew it was dangerous, in such a case, the court can compensate for double damage to punish the owner.
Defences and Exceptions in Dog Bite Cases
The strict liability law does not imply an easy and automatic win for injured victims. The Wisconsin law states some defences that can affect your plea:
- Provocation: If you have provoked the dog (teasing or harming it), or trespassing when bitten, the owner might hold you partially responsible. In such situations, the comparative negligence rule might apply, known as the 51% rule.
- Police K-9 Bites: If a police dog bites a suspect during an investigation, the law enforcement is not held responsible.
Common Dog Bites Cases and Who is Liable
Every dog bite injury is different. As an experienced Milwaukee dog bite injury lawyer, we understand such a situation can have better of you, which is why we offer dedicated guidance and support, not pressure. Every scenario is different, and so is how each claim is handled. Below are some common dog bite cases and who is liable for these injuries:
- At a Friend’s or Neighbour’s Dog: If you are invited to your friend’s place and their dog bites you, the owner is liable.
- At a Park: If you are attacked in a Wisconsin park by a dog, the owner will be held responsible for damages caused by their pet.
- Attacked by a Stray: If a dog bites you whose owner is unknown, the case can be challenging. If the police catch the dog, the owner can be identified through tags or microchips. When the dog has no owner, the victim must rely on their own insurance.
- Child Victims of Dog Bites: According to Wisconsin’s child legal rights, the law is similar to that of adults, with some exceptions. A child cannot provoke without knowing the risk. In brief, the child or guardian can file a suit during childhood or until they are the age of 20.
Trust a Milwaukee Dog Bite Lawyer for Legal Help
A dog bite can severely change your life in a split second. Pain, trauma, along with piling medical bills, lost income and suffering. In such a situation, you are not alone. A trusted personal injury law firm like MacGillis Law Group, LLC is here to guide you and fight for your right to justice. Call us to discuss your case. Let us protect you.