Animal Attacks

A common type of injury that has occurred with the popularity of pets in congested urban areas, has been the animal attack, and most often the dog bite. While at first look these types of injuries may seem minor, severe injuries oftentimes result from the bite of a dog. In fact, the bite of a vicious dog can be the most frightening experiences of one's life. Not only is the attack often terrifying, but the wounds often leave the victim with disfiguring scars. If you or a loved one are attacked by a dog, you will no doubt want to understand the legal considerations.

In Wisconsin, a Dog Bite Statute compensates victims. It is no defense for a dog owner to claim, that his or her dog has never bitten anyone before. One of the responsibilities of dog ownership in Wisconsin is liability for any damage caused by the dog. Personal injury damage claims are usually made against the homeowners or renters policy of the dog owner.

The Wisconsin Dog Bite Statute provides the following:

Sec. 174.02 (1) Liability for injury. (a) Without notice. Subject to sec. 895.045, 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.  (b) After notice. Subject to s. 895.045, the owner of a dog is liable for 2 times the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property if the owner was notified or knew that the dog previously injured or caused injury to a person, domestic animal or property.

Thus, owners and their insurers are strictly liable for dog bite damages. One need not prove the owner was negligent in the control of the animal. Everyone who owns, harbors, or keeps a dog can be held liable for the injuries the dog may cause.

What To Do If You Or Someone You Know Has Been Attacked By a Dog.

After the immediate concerns of safety and necessary medical care are met, one should contact an experienced personal injury attorney to assist them in bringing a damage claim. Even with the Wisconsin Dog Bite Statute that places strict liability on the owner, a clever insurance adjuster can create a defense based upon a carefully tailored recorded statement from the victim. Never give a statement without first contacting an attorney. Not only will an attorney caution you about the common word traps that adjusters utilize, but your attorney can initiate an investigation to properly protect your interests. Your injuries also must be properly documented and recorded, the ownership of the animal must be ascertained, and the animals history will have to be investigated. Only an attorney with experience handling such cases can provide you with the necessary assistance in pursuing such a claim. If you have been injured because of someone else's dog, then please feel free to contact our office for a free consultation.