Wisconsin Dog Bites & Dog Bite Injuries and Wisconsin law
Wisconsin Dog Bites & Dog Bite Injuries and Wisconsin lawWisconsin dog bites and dog bite injuries are governed by Wisconsin law, which forces owners and keepers of dogs to be accountable for dog bites that cause injury. Dog bites are preventable and thus Wisconsin law makes such owners and keepers of dogs strictly liable for the injuries and bites caused by their dog. Man's best friend bites more than 4,700,000 people a year causing someone in the United States to seek medical attention for a dog bite–related injury every 40 seconds.
 | During 1979–1998, dog attacks killed more than 300 Americans. |
| Nearly 800,000 people sought medical care for dog bites in 1994. |
In Wisconsin and elsewhere, Children are at greater risk of injury and death from dog bites. This is primarily because children do not know how to fend off an attack.
| In 1994, approximately 2.5% of U.S. children under 14 years old were bitten compared with 1.6% of adults over 18 years old. |
| In 1997–1998, 27 people died from dog bites; 19 of them were children under 15. |
| Children, especially boys ages 5 to 9, have the highest incidence rate for emergency department visits resulting from dog bites. |
Pit bull-type dogs and Rottweilers are involved in more than half of the deaths for which the breed was known. Of the 227 fatal attacks for which data were available, more than two-thirds of attacks involved a single dog, and more than half involved dogs that were unrestrained on their owner's property.
These dog bites require plastic surgeons to repair devastating wounds from thousands of dog attacks every year. As a result, substantial medical expenses are often incurred and disfigurement and scarring are left on the person for the remainder of their life.
| Dog Bite Defense - Milwaukee Journal Sentinel article how teaching kids to protect themselves against dog bites. |
According to experts, most dog-bites can be prevented when dog owners take the time to responsibly own and socialize their dogs. Dog owners need to keep their dogs healthy and follow leash laws. In addition, dog owners should socialize their dogs to feel at ease around people and other animals. Since dog bites are a largely preventable public health problem, Wisconsin law makes the owners and keepers of dogs strictly liable for the injuries and bites caused by their dogs.
Wisconsin dog bites and dog bite injuries are primarily governed by Wisconsin Statutes Chapter 174, and specifically Section174.02, which states (Updated through November 30, 2002):
174.02. Owner's liability for damage caused by dog; penalties; court order to kill a dog
(1) Liability for injury. (a) Without notice. Subject to s. 895.045 and except as provided in s. 895.57(4), 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 and except as provided in s. 895.57(4), 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.
(2) Penalties imposed on owner of dog causing damage. (a) Without notice. The owner of a dog shall forfeit not less than $50 nor more than $500 if the dog injures or causes injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds. (b) After notice. The owner of a dog shall forfeit not less than $200 nor more than $1,000 if the dog injures or causes injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds, if the owner was notified or knew that the dog previously injured or caused injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds. (c) Penalties in addition to liability for damages. The penalties in this subsection are in addition to any other liability imposed on the owner of a dog.
(3) Court order to kill a dog. (a) The state or any municipality may commence a civil action to obtain a judgment from a court ordering an officer to kill a dog. The court may grant the judgment if the court finds both of the following: 1. The dog caused serious injury to a person or domestic animal on 2 separate occasions off the owner's property, without reasonable cause. 2. The owner of the dog was notified or knew prior to the 2nd injury, that the dog caused the first injury. (b) Any officer enforcing a judgment under this subsection shall kill a dog in a proper and humane manner.
(4) Law enforcement dogs. (a) In this subsection, "law enforcement agency" has the meaning given in s. 165.83 (1) (b). (b) The owner of a dog that is used by a law enforcement agency is not liable under sub. (1) for damages caused by the dog to a crime suspect while the dog is performing law enforcement functions. (c) Subsection (2) does not apply to the owner of a dog that is used by a law enforcement agency if the dog injures a crime suspect while the dog is performing law enforcement functions. (d) Subsection (3) does not apply to a dog that is used by a law enforcement agency if the dog injures a crime suspect while the dog is performing law enforcement functions.
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