Dog Bite Defenses and Comparative Negligence

By the FigureMyTax Editorial Team · How we calculate

The statute is strict, but it is expressly subject to your own negligence.

Comparative negligence

Section 174.02 operates subject to the comparative negligence statute, and an annotation says the double damages provision operates only after comparative negligence is applied. Your recovery is reduced by your percentage and barred if your negligence is greater than the owner's.

Provocation

A Wisconsin firm explains that if the victim teased, tormented, hit or otherwise provoked the dog, the owner may argue that the victim bears significant fault; the statute's double damages provision refers to a prior bite "without provocation."

Release of a confined animal

The statute's liability clause is made subject to 895.57(4), which grants a dog owner immunity for the unauthorized release of a confined animal.

Law enforcement dogs

Liability does not apply to damages caused by a law enforcement dog to a crime suspect while performing law enforcement functions.

Insurance

Dog injury claims are often paid under the owner's homeowner's or renter's insurance.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Wisconsin's rules apply to your specific case with a licensed Wisconsin attorney.