Who is liable if a dog bites me in Wisconsin?

1. Liability Standard

Wisconsin is a strict-liability state under Wis. Stat. § 174.02. Owners are liable for the full amount of damages caused by their dog. Critically, if the owner was previously notified of prior biting behavior, damages double for any subsequent injury.

2. Statutory Elements

Plaintiff must show: (a) defendant owned the dog; (b) the dog caused injury; and (c) damages resulted. No proof of scienter is required. For double damages, plaintiff must additionally show prior notice to the owner.

3. Common-Law "One-Bite" Doctrine

Common-law negligence remains available; statutory strict liability is the most common theory.

4. Trespasser Defense

Trespassers may have reduced recovery under common-law principles, but the statute itself does not explicitly exclude them.

5. Provocation Defense

Provocation reduces recovery through comparative fault rather than as a complete bar (Pawlowski v. American Family Mut. Ins.).

6. Comparative Fault

Wisconsin's modified comparative-fault rule (Wis. Stat. § 895.045) bars recovery if plaintiff is greater than the defendant's fault.

7. Landlord Liability

A landlord can be liable only with actual knowledge of the dog's vicious propensities and the ability to remove the dog (Pawlowski v. American Family Mut. Ins.).

8. Homeowner's Insurance

Wisconsin homeowner's policies typically cover dog bites; breed exclusions are common.

9. Damages

Medical bills, lost wages, scarring, disfigurement, future surgeries, and pain and suffering. Double damages for second bite where prior notice existed.

10. Criminal Liability

Under Wis. Stat. § 174.02(3), owners of dogs that cause serious injury or death face fines and additional civil penalties; criminal charges possible under general assault and negligence statutes.

This is legal information, not legal advice.