For families, dogs are more than just pets. They are part of their families. However, sometimes dogs can attack other people and children. Being bitten by a dog can be a traumatic experience that can leave mild to severe injuries. If you or your child have been injured by a dog, the owners of the dog need to be held accountable. In this blog, we discuss Wisconsin dog bite statistics, the law on liability, and legal remedies that victims should know.
What Does Wisconsin Law Say About Dog Bite Injuries & Liability?
Under Wisconsin law, if a person is injured by a dog, the owner can be held liable for the injuries caused by the dog. Under Wis.Stat. § 174.02, the dog owner is liable for injuries to a person or damage to property. One does not have to prove negligence on the part of the owner. Wisconsin law describes the dog owner as anyone who owns, nurtures or keeps the dog. The state follows a strict liability law, which holds the owner accountable for injuries caused by the dog irrespective of the fact whether the owner was aware of the dog being aggressive or not. If the dog had a history of attacking or biting the owner, they would be held liable twice for the damages.
However, Wisconsin’s comparative negligence rules can reduce compensation of the victim if their actions provoked the animal and resulted in the attack. However, children under the age of 7 and others who had a friendly interaction with the dog are protected under the law.
What to Do After a Dog Bite in Wisconsin?
A dog bite is a painful and traumatic experience. Taking the right steps is important to protect your well-being and legal rights.
- Immediately Get Medical Help: The first thing to do after a dog bite is to seek medical care. Ensure your safety and quickly move away from the animal to prevent any further injuries. If you are bleeding or the injuries are serious, wash the wound with water and an antiseptic to reduce infection risk. Apply a bandage until medical help arrives.
- Report the Bite: Report your injuries to the concerned local authorities or animal control. This will help establish a record and address any infection concerns.
- Identify the Dog & Owner: If possible, collect the name and address of the owner. Remember the colour, breed and tags, which will help verify vaccination and filing reports. If the dog was a stray, remember how it looked and report to the animal control immediately.
- Document the Incident: Photograph your injuries and the location; keep all medical records and bills. If there are any witnesses, note their name and address, as their statements can be used as evidence.
- Be Cautious with Insurance Companies: Avoid signing any settlement offered by the dog owner’s insurance before consulting with a trusted Milwaukee dog bite attorney and seek legal advice.
Compensation You May Be Able to Recover
Depending on the circumstances, a Wisconsin dog bite victim may be able to recover compensation for:
- Emergency and ongoing medical treatment
- Future medical care, including reconstructive or plastic surgery
- Lost wages and reduced earning capacity
- Pain and suffering
- Scarring and permanent disfigurement
- Emotional distress and psychological trauma
Bitten by a Dog in Wisconsin? Know Your Rights
A dog bite can leave physical and emotional scars. Wisconsin law is designed to hold owners accountable when their dogs cause harm. If you or a loved one was injured in a dog attack in Wisconsin, MacGillis Law Group can help you understand your legal options and pursue the compensation you deserve.
FAQs
- Is Wisconsin a strict liability state for dog bites?
Yes. Under Wisconsin Statute § 174.02, a dog’s owner is liable for the full amount of damages the dog causes, even if the dog never bit anyone before and the owner had no reason to expect it.
- What is Wisconsin’s double damages rule for dog bites?
If a dog owner knew the dog had previously bitten and injured a person, and the dog bites and injures someone again, the owner can be held liable for double the full amount of damages under Wisconsin law.
- How long do I have to file a dog bite claim in Wisconsin?
Generally, three years from the date of the injury, as with other personal injury claims. Some situations, such as when the victim is a minor, can affect the timeline, so it’s best to speak with an attorney.
- Can I still recover if I was partly at fault?
Possibly. Wisconsin uses modified comparative negligence. Provoking the dog or trespassing can reduce your compensation, and being more than 50% at fault may bar recovery.
