Wisconsin law holds dog owners strictly responsible for injuries their dogs cause. Under Wis. Stat. § 174.02, dog owners are automatically liable for damages if their dog bites or injures a person, animal, or property.
This rule makes it easier for victims to seek compensation after a dog bite or attack. You don’t have to prove the owner was at fault or negligent, which can be a relief when you’re dealing with injuries.
If a dog has previously caused harm, the law lets victims recover double damages. That ups the financial pressure on owners who ignore warning signs about their dogs.
Understanding how liability and double damages work can help both victims and property owners comprehend their rights and responsibilities in Wisconsin.
Wisconsin Statute § 174.02 makes dog owners strictly liable for injuries caused by their dogs. The owner is liable for all damages if their dog bites or injures a person, animal, or property, regardless of the circumstances.
This applies even if the owner had no idea the dog might be aggressive. Nobody needs to prove negligence to get damages under this law.
The statute also provides for double damages if the owner knew or was informed that the dog had previously caused harm to someone. In that case, the injured person can claim twice the usual damages.
Liability Condition | Owner’s Responsibility |
Injury without prior notice | Full damages owed |
Injury with prior notice of bite | Full damages + possible double damages |
Victims can claim compensation for injuries, property damage, or harm to domestic animals. Some exceptions and defenses exist, such as statutory limits or legal immunities, but these are rare.
Most of the time, homeowners’ insurance covers claims resulting from dog bites. Still, the law clearly puts the cost and responsibility on the dog owner.
Wisconsin is absolutely a strict-liability state for dog bites. If your dog bites someone, you’re responsible, even if you did everything right or had no clue it would happen.
The rule lives in Wisconsin Statute § 174.02. Owners pay for injuries or damages their dogs cause to people, other animals, or property. It’s about the damage done, not the owner’s intent or behavior.
Some main points about Wisconsin’s strict-liability law:
If the dog has bitten before and the owner was aware, double damages may apply. That means the payout could be twice what you’d expect. It’s a way to encourage owners to act if their dog has shown aggression before.
Strict liability makes it easier for victims to obtain compensation without a lengthy legal battle over fault. Dog owners in Wisconsin need to be aware of this law because it can become expensive quickly.
Third Coast Lawyers handles dog-bite claims from the start—preserve evidence, document injuries, and protect your rights early. Contact us to schedule.
If you’re ready to get started, call us now!
In Wisconsin, double damages are applicable only under specific legal conditions. The law primarily focuses on whether the owner was aware of a previous bite or had been officially notified.
The rules got stricter recently. Now, claimants must provide solid evidence that the owner was aware of a past incident before they can receive double damages.
Double damages apply if the owner knew or received proper notice that their dog had bitten or injured someone before. The earlier incident must be documented or reported to the owner before the new bite happens.
The owner must have had a genuine opportunity to address the issue. If all those boxes are checked, the victim can ask for twice the normal compensation, covering expenses such as medical bills, pain, and property loss.
Wisconsin Statute 174.02 spells out strict liability and the double damages rule. Recent changes have made it harder to prove the owner’s prior knowledge, so claimants must now show clear evidence that the owner was aware of the past bite.
The law now requires proof that the owner was explicitly told or had direct knowledge of a previous incident.
These tweaks aim to maintain fairness for both parties. If you’re seeking double damages, you’ll want to gather solid evidence of prior bites and notifications.
In Wisconsin, damages for a dog bite can include medical expenses, lost wages, pain and suffering, and property damage.
If the dog has bitten before and the owner was aware, the law may allow the victim to recover double the usual amount.
It all depends on the dog’s bite history and how severe the injuries are.
Under Wisconsin Statute § 174.02, dog owners are liable for full damages if their dog hurts someone, another animal, or property. This covers medical bills, lost income, therapy, and pain and suffering.
If the dog has bitten someone before and the owner was aware, the court might award double damages. So, the victim could get twice the sum of all economic and non-economic losses.
If a dog bites someone for the first time, the owner pays for all direct damages. Think hospital bills, stitches, medication, and pain and suffering.
There’s no extra penalty if the dog didn’t have a biting history.
If a dog bites again and the owner was aware of a previous incident, the situation becomes more serious. Wisconsin law lets victims claim double damages in this scenario.
So, if the harm totals $10,000, the victim could collect $20,000. That’s a strong incentive for owners to be extra cautious with dogs known to bite.
Calculate damages by adding up all economic losses, like:
Then add non-economic damages for pain and suffering, which depend on how bad the injury is.
If the repeat bite law applies, multiply the total by two. Courts consider factors such as the severity of the wounds, recovery time, and the impact of the injury on daily life.
Detailed medical records and proof of lost wages help a lot when making a claim.
Wisconsin’s dog bite law in § 174.02 defines “owner” pretty broadly. It covers anyone who owns, keeps, or harbors a dog—not just whoever’s name is on the paperwork.
Owning a dog means:
Harboring a dog means:
The Wisconsin Supreme Court says just owning the land where a dog lives doesn’t automatically make you the “harborer.” You need to have some real control or provide care.
This distinction matters because liability depends on who actually qualifies as the owner or harborer. The law holds these people strictly liable for any harm the dog causes.
Key points:
Term | Meaning | Liability Implications |
Owner | Has possession or control over a dog | Responsible for injuries caused by the dog |
Harborer | Provides shelter or care | Can be held liable if the dog causes harm |
Landowner | Owns property where the dog lives | Not automatically liable without control over the dog |
Knowing who counts as an owner or harborer is key to determining who’s responsible in a dog bite case.
If the dog had a prior bite or you suspect double damages, Third Coast Lawyers will review records and animal-control reports to assess your claim—contact us to schedule.
If you’re ready to get started, call us now!
In Wisconsin, dog owners face strict liability for bites or injuries under § 174.02. Still, owners and insurers often try several defenses to reduce or dodge liability in a personal injury claim.
One defense that frequently arises is provocation. Owners claim the injured person provoked the dog, which led to the attack.
If a court buys that argument, the victim’s own negligence might lower the damages awarded. It’s not always clear-cut, though—judges and juries sometimes see these situations differently.
Comparative negligence is another angle. Wisconsin law allows fault to be split between the dog owner and the victim.
If the victim ignored warnings or acted carelessly, the court could assign them a percentage of blame. That percentage directly reduces any potential damages they might incur.
Some owners point out that the bite happened on private property where the dog had a right to be. If the injured person was trespassing, it can complicate matters, although it does not entirely erase liability.
Owners sometimes argue that the dog had no history of aggression, so they didn’t know it might bite.
However, Wisconsin’s strict liability rule renders it a relatively weak defense unless something like provocation comes into play.
Another tactic: owners say the victim didn’t get medical help soon enough, which supposedly made things worse. They’ll use this to try to knock down the damage.
Defense | Focus | Effect on Claim |
Provocation | VThe victim’sactions provoked the dog | May reduce or deny damages |
Comparative Negligence | Shared fault between parties | Damages reduced proportionally |
Private Property | Incident location and trespassing | Limited defense, but considered |
No Prior Knowledge | No history of aggression | Weak defense due to strict liability |
Delay in Treatment | Victim’s medical care | Possible reduction of damages |
If a dog bites you, first things first: clean the wound with soap and water. That cuts down the risk of infection.
Apply pressure with a clean cloth to stop the bleeding. If it’s a severe injury, don’t wait—seek medical attention immediately.
Try to identify the dog and its owner. You’ll need that information for reporting and any subsequent legal steps.
Taking a few photos of the injury and the location where it occurred is a good idea. Pictures can speak volumes if you need evidence.
Report the bite to animal control or the police. This creates an official record and ensures the authorities are aware of the dog.
Don’t admit fault, even if you feel bad or confused. Instead, write down the time, place, and precisely what happened while it’s fresh in your mind.
Thinking about legal action? Consider consulting with a personal injury attorney for guidance.
Wisconsin’s strict liability law usually holds dog owners responsible, even if the dog’s never bitten before—unless you provoked the dog or trespassed, that is.
Steps to Take After a Dog Bite |
1. Clean the wound immediately |
2. Seek medical care if needed |
3. Identify the dog and owner |
4. Take photos of bites and the scene |
5. Report to animal control/police |
6. Record details about the bite |
7. Consult a personal injury lawyer |
If you follow these steps, you’ll be in a better position to protect your health and your rights.
Comparative fault in Wisconsin can reduce the amount a dog bite victim receives. If the injured person shares some blame, their payout drops by that percentage.
Say the court decides the victim was 30% at fault for provoking the dog. Their damages are reduced by 30%, and the owner only has to cover the remaining amount.
Key points about comparative fault:
Courts consider the actions of the victim that contributed to the injury. Did they tease the dog, ignore warning signs, or walk into a fenced yard without permission?
Comparative fault works in conjunction with strict liability. Even if the dog has never bitten anyone before, the victim’s behavior can still reduce the final payout if comparative fault is proven.
If you’re not sure how these rules might affect your case, it’s worth talking to an attorney who knows Wisconsin’s dog bite laws. They can help you figure out how much comparative negligence might matter in your situation.
Reach out to Third Coast Lawyers as soon as you can after a dog bite in Wisconsin. They know their way around the state’s strict liability law under § 174.02, where dog owners are on the hook for injuries, no matter who’s at fault.
If you’re scratching your head about filing a claim or wondering what damages you can recover, they’ll walk you through it. Stuff like medical bills, lost wages, and other costs that the dog owner’s insurance might cover—it’s all on the table.
They’re invaluable if the dog’s bitten before. Wisconsin law lets you claim double damages if the owner knew about previous bites, and Third Coast Lawyers know how to dig up the proper evidence and put together a solid case.
Here’s when you should probably give them a call:
They’ll also explain Wisconsin’s contributory negligence law, which might lower your compensation if you share some blame.
Getting legal help early makes sense. You’re more likely to protect your rights and get what you deserve.
Third Coast Lawyers pursues full compensation for Wisconsin dog-bite victims—medical bills, scarring, and double damages where merited. For a free review, contact us to schedule.
What does Wis. Stat. § 174.02 require?
Wisconsin § 174.02 imposes owner liability for injuries a dog causes and—if the owner knew of a prior bite that broke the skin and caused permanent scarring—permits double damages for a later qualifying bite.
Who can be sued under Wisconsin’s dog-bite law?
Owners, keepers, or anyone who harbors or controls the dog can be liable; courts look at who had custody or control at the time of the incident.
When will double damages apply?
Double damages are available when (1) a prior bite broke the skin and caused permanent scarring or disfigurement, (2) the owner had notice of that prior bite, and (3) a subsequent bite meets the statutory criteria.
Does “strict liability” mean the owner is always at fault?
Strict liability means the owner can be responsible without proof of negligence, but common defenses (provocation, trespass, assumption of risk) can still limit or bar recovery.
What kinds of damages can a victim recover?
Recoverable items include medical expenses, lost wages, future care, and pain and suffering; where the statute applies, those damages can be doubled before any comparative-fault reduction.
How does comparative fault affect a dog-bite award?
A plaintiff’s recovery may be reduced by their percentage of fault under Wisconsin’s comparative-fault rules (see Wis. Stat. § 895.045), even when strict liability or double damages apply.
What evidence proves a prior bite and scarring?
Useful proof includes prior medical records, photos of wounds/scars, animal control or veterinary incident reports, eyewitness statements, and any owner admissions or written complaints.
What defenses will owners and insurers raise?
Typical defenses: the victim provoked the dog, the victim was trespassing, the prior bite didn’t meet the “break the skin/permanent scarring” standard, or the owner lacked notice from the previous incident.
How long do I have to file a dog-bite claim in Wisconsin?
Generally, three years from the injury date for personal-injury claims, though special rules can apply—confirm deadlines with counsel promptly.
Should I accept the insurer’s first offer?
Usually not. Insurers often undervalue scarring, future care, and potential double damages. To protect your rights, preserve evidence and consult a lawyer before signing releases or accepting payment.