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ARTICLE · 08 MARCH 2024

Liability Defenses For Dog Bite Cases In Wisconsin

Wisconsin's dog bite statute imposes strict liability against dog keepers/owners if their dog causes injury to another. Wisconsin Stat. § 174.02(1)...

United StatesLitigation, Mediation & Arbitration

Wisconsin's dog bite statute imposes strict liability against dog keepers/owners if their dog causes injury to another. Wisconsin Stat. § 174.02(1) states:

(1) Liability for injury. (a) Without notice. Subject to s. 895.045 and except as provided in s 895.57(4), the owner of a dog is liable for the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property.

An owner is generally liable regardless of measures taken to prevent the harm. In addition, if the "bite" in question involved "sufficient force to break the skin and cause permanent physical scarring or disfigurement," an owner who "was notified or knew that their dog previously injured or caused injury to a person, domestic animal or property," will be strictly liable for two times the amount of damages at issue. Wis. Stat. § 174.02(1)(b). Given the strict liability standard imposed and the potential for quasi-punitive damages, dog bite cases can be difficult

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