Wisconsin Statute Section 174.02 imposes strict liability on dog owners for injuries caused by their dogs in specific circumstances, and the liability it creates is more complete than most dog owners understand before they have to use it. Under Section 174.02(1)(a), an owner is liable for double the amount of damages if the dog has previously injured a person or animal, or if the owner was notified that the dog had previously injured a person or animal, and the owner failed to take reasonable steps to prevent further injury. Even without prior incidents, Section 174.02(1)(a) imposes liability for the full damages when the injured person did not provoke the dog. Wisconsin’s dog bite statute does not require the injured person to prove negligence. The bite, the injury, and the ownership establish the claim.
A Wisconsin dog bite lawyer who handles these claims understands both the strict liability framework that makes the standard negligence analysis unnecessary and the double damages provision that applies when the owner had prior notice of the dog’s dangerous tendencies.
Who Is Liable Under Wisconsin’s Dog Bite Statute
Section 174.02 imposes liability on the owner of the dog, defined broadly to include not just the registered owner but anyone who keeps or harbors the dog. A landlord who permits a tenant to keep a dog with known dangerous tendencies on the premises, a dog sitter who was responsible for the dog at the time of the bite, and a family member who was controlling the dog when it injured someone may each bear liability depending on the specific facts of the incident. The homeowner’s or renter’s insurance policy of the person responsible for the dog at the time of the bite is typically the source of recovery in Wisconsin dog bite claims.
Wisconsin’s Double Damages Provision
When the dog owner or keeper knew or had reason to know that the dog had previously injured a person or domestic animal, Wisconsin’s statute allows the court to award double the amount of actual damages. Prior bite incidents, prior aggressive behavior complaints to the owner, or prior reports to animal control all establish the knowledge that triggers the double damages provision. Documenting the dog’s history through animal control records, veterinary records, and witness accounts of prior incidents is an important part of the evidence development in Wisconsin dog bite cases where the double damages provision may apply.
Homeowner’s Insurance and the Recovery Source
Most Wisconsin dog bite claims are paid through the dog owner’s homeowner’s or renter’s insurance personal liability coverage. Wisconsin law requires homeowners’ policies to cover dog bite liability in most circumstances, and the insurer cannot exclude coverage based on the breed of the dog in most cases. For serious dog bite injuries involving plastic surgery, nerve damage, or significant scarring, the homeowner’s policy limits determine the ceiling on what is available through the insurance claim. The Wisconsin Statutes Section 174.02 on dog bite liability sets out the complete liability framework, the double damages provision, and the defenses available to dog owners in Wisconsin dog bite cases.