A dog bite can break, puncture or tear the skin, and bites that break the skin put you at risk for infection, according to MedlinePlus. According to the CDC, most dog bites affecting young children occur during everyday activities and while interacting with familiar dogs.
Wisconsin holds dog owners responsible for the full amount of damages their dog causes, without requiring proof that the dog was dangerous before. Our Milwaukee personal injury office handles dog bite claims on a contingency fee, so you pay no attorney fee unless we recover money for you.
Wisconsin’s Dog Bite Law
Strict liability for the owner
The owner of a dog is liable for the full amount of damages caused by the dog injuring or causing injury to a person (Wis. Stat. 174.02(1)(a)). This is called strict liability: you do not need to prove the dog had shown it was dangerous before.
Double damages after a prior serious bite
The owner is liable for 2 times the full amount of damages if the dog bit with enough force to break the skin and cause permanent scarring or disfigurement, and the owner was notified or knew that the dog had previously, without provocation, bitten someone with that same force and result (Wis. Stat. 174.02(1)(b)).
Double damages are separate from punitive damages, so the punitive damages cap does not apply to them (Wis. Stat. 895.043(2)).
Civil forfeitures for the owner
Separately, an owner may have to pay a civil forfeiture of $50 to $2,500 when a dog injures a person, and $200 to $5,000 after prior notice (Wis. Stat. 174.02(2)). That forfeiture is in addition to any other liability the owner has for your damages (Wis. Stat. 174.02(2)(c)).
Shared Fault and Filing Deadlines
The owner’s liability is subject to Wisconsin’s comparative negligence statute, so your own fault, if any, can reduce what you recover (Wis. Stat. 174.02(1)(a) and 895.045). You can still recover as long as your negligence is not greater than the owner’s, with the award reduced by your share.
You generally have 3 years to file a lawsuit for dog bite injuries (Wis. Stat. 893.54(1m)(a)). If a dog attack causes a death, the family’s wrongful death claim generally must be filed within 3 years (Wis. Stat. 893.54(1m)(b)).
How Dog Bites Happen
Dogs that get loose
The CDC says responsible pet ownership, including socializing a dog and using a leash in public, can help prevent dog bites, and it advises calling animal control if you see a dog running loose.
Dogs that are eating or protecting toys or puppies
According to the CDC, any dog can bite, especially when scared, nervous, eating, or when playing or protecting toys or puppies. The CDC also reports that children are more likely than adults to be bitten by a dog, and their injuries tend to be more severe.
Dogs that are tied up
The CDC reports that dogs that are tied up are more likely to bite than dogs roaming freely in a fenced yard.
Parks, sidewalks and shared spaces
The CDC advises against approaching an unfamiliar dog, even if it seems friendly or healthy, and against trying to break up dog fights.
Dog Bite Injuries and Compensation
A bite can also cause crushing injuries with severe tissue tears, and tendon or joint injuries that limit motion and function. Bites that cause a puncture wound are more likely to become infected, and deep or extensive wounds may result in significant scarring. The owner’s liability covers any injury the dog causes, not only bites, so it can include an injury from being knocked down (Wis. Stat. 174.02(1)(a)).
Why the dog’s history matters
Even though you do not need to prove the dog was dangerous before, its history can still change the value of your claim because of the double damages rule. If we take your case, we begin investigating the incident and building a case on your behalf. Write down anything the owner said at the scene about the dog as soon as you can.
Dog attacks can also lead to long-term psychological problems, according to a review of 23 medical studies available through the National Library of Medicine. That review found the most common psychological effects of dog bites in children were post-traumatic stress disorder, fear of dogs, nightmares, anxiety and avoidance. The losses we document in a dog bite claim can include:
- Emergency care, stitches and follow-up visits
- Treatment for infection or nerve damage
- Future care for scarring
- Counseling for anxiety or trauma
- Lost wages
If a dog attack is fatal, damages for loss of society and companionship are capped at $350,000 for an adult and $500,000 for a minor (Wis. Stat. 895.04(4)).
What to Do After a Dog Bite in Milwaukee
- Wash the wound and get medical care the same day
- Get the owner’s name, address and phone number
- Ask the owner for the dog’s vaccination records
- Report the bite to local animal control or police
- Photograph the wounds now and as they heal
- Photograph the place where it happened, including any gate or fence
- Collect names and numbers from witnesses
- Write down anything you hear about the dog biting before
- Keep torn or bloody clothing as evidence
- Hold off on statements to the owner’s insurer until you get advice
How 844-SEE-MIKE Helps After a Milwaukee Dog Bite
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
Frequently Asked Questions
What if the dog knocked me down but never bit me?
You may still have a claim. The statute applies when a dog injures or causes injury to a person, so it is not limited to bites.
How long does my child have to bring a dog bite claim?
An injured child can usually file until 2 years after turning 18, or within the normal 3-year period, whichever is later (Wis. Stat. 893.16). Even so, it is wise to act early and to photograph the wounds as they heal.
What if I was bitten while working?
If you were bitten on the job, workers’ compensation may cover your medical care and lost wages, and you may also have a separate claim against the dog’s owner as a third party (Wis. Stat. 102.29(1)(a)). We can look at both claims together (see our Milwaukee workers’ compensation page).
What does a dog bite lawyer cost?
The consultation with 844-SEE-MIKE is free, and we work on a contingency fee. You pay no attorney fee unless we recover money for you.
If a fall or other hazard on someone’s property caused your injury instead, see our Milwaukee slip and fall page.
If you or someone you love was hurt in Milwaukee, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
