Wisconsin's double damages rule
The second half of Wisconsin Statutes section 174.02 sets the bar high on purpose. The owner owes two times the full damages when the dog bit with enough force to break the skin and cause permanent scarring or disfigurement and the owner was notified or knew the dog had done that before without provocation.
Puppy chewing does not count as that warning, according to the case notes printed with the statute. Courts there also note that the doubling happens after comparative negligence is applied, not before. Ask animal control and neighbors about earlier bites as soon as you can.
Is Wisconsin a strict liability state for dog bites?
Yes. Even for a first bite, section 174.02 makes the owner liable for the full amount of damages caused by the dog injuring a person, subject to the comparative negligence rule.
Owner has a wide meaning. Section 174.001 includes anyone who owns, harbors or keeps a dog. Under the cases noted with the statute, a homeowner whose house the dog lived in for months can be a harborer, while a landlord does not become one just by letting a tenant keep a dog. A keeper who was controlling the dog when it bit generally cannot use the statute against the real owner.
Owners of police dogs are not liable under the statute for injuries to a crime suspect while the dog is doing law enforcement work.
Comparative negligence in a Wisconsin dog bite case
Wisconsin applies a 51 percent bar. Under section 895.045, your negligence does not stop recovery if it was not greater than the negligence of the person you are suing. Your award drops by your share.
Courts may also use public policy factors to limit liability in unusual cases, a point the statute notes trace to Fandrey v. American Family.
Wisconsin dog bite statute of limitations
Adults have three years under section 893.54. For a child bitten before 18, section 893.16 allows the case to be filed within 2 years after the child turns 18 and it never shortens the normal period. You can read more about a dog bite on a child.
A claim against a town, county or other government body needs signed written notice served within 120 days of the bite under section 893.80. Missing it is not always fatal if the government had actual notice and you show the delay caused it no prejudice.
The 10-day quarantine and your claim
When an officer has reason to believe a dog bit a person, section 95.21 requires that the dog be kept in strict isolation under a veterinarian's supervision for at least 10 days after the bite. Ask the officer for a copy of the quarantine order. It is an official record tying the bite to that dog and it can help a lawyer trace whether that dog bit anyone earlier.
How to report a dog bite in Wisconsin
Report the bite to your local animal control or health department. The Wisconsin Department of Health Services, Rabies page sets out the next steps.
Before you sign with anyone, check that the attorney is licensed: use the State Bar of Wisconsin lawyer search.
