Understanding Wisconsin Dog Bite Laws
Our dog bite attorneys in Waukesha, WI will tell you that under Wisconsin dog bite statutes, the owner of the dog is strictly liable for any damages caused by the dog, including incidents that involve a dog bite or dog attack. The owner is responsible for damages to another person, domestic animal, and/or property.
The penalties for the incident can be higher if the owner was aware that the dog had a history of violent behavior, yet did not do enough to protect others from the dog. Owners of dogs that have had a history of aggressive or violent behavior may be required to have the dog muzzled or restrained at all times in public. The only exception to strict liability for dog owners is if the victim was trespassing.
The state of Wisconsin follows a modified comparative negligence law, where the plaintiff is only allowed to seek damages if they are 50 percent or less at fault for the incident. If the plaintiff provoked the dog or attacked the dog, then they could be held fully or partially at fault for the dog bite incident. The victim’s compensation will be reduced to their share of the fault in the incident. However, if their share is more than 50 percent, then they will not be eligible to recover compensation for the dog bite accident.
The statute of limitations for personal injury cases in Wisconsin is three years. This means that the victim of a dog bite has three years to file a claim.