Strict Liability for Dog Injuries in Wisconsin

By the FigureMyTax Editorial Team · How we calculate

Wisconsin has a true strict liability statute with a built-in penalty for repeat offenders.

The statute

Wis. Stat. 174.02(1)(a) provides that, subject to the comparative negligence statute, 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.

No bite, no negligence needed

A State Bar of Wisconsin article states no bite is required, and liability attaches whether or not the owner is negligent.

Double damages

Under 174.02(1)(b), the owner is liable for two times the damages from a bite hard enough to break the skin and cause permanent scarring or disfigurement, if the owner was notified or knew the dog had previously, without provocation, bitten a person with such force.

A pack of dogs

In Schroeder v. Kistner (2014) the Court of Appeals held that double damages are not contingent on proof that the specific dog that caused the injury also caused a previous injury.

Who is an owner

The statute defines owner to include anyone who keeps or harbors a dog.

Deadline

Three years, under Wis. Stat. 893.54.

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.