Wisconsin Dog Bite Laws: Understanding Strict Liability for Dog Owners in 2025

Dog bites can result in serious physical and emotional trauma, leading to significant financial burdens for victims. In Wisconsin, dog owners face strict liability for injuries caused by their dogs. Understanding these laws is crucial for both dog owners and potential victims to navigate their rights and responsibilities effectively.

Strict Liability: What It Means for Wisconsin Dog Owners

Wisconsin operates under a “strict liability” rule for dog bites, as outlined in Wisconsin Statute § 174.02. Unlike some states that follow a “one-bite rule,” where owners are only liable if their dog has a history of aggression, Wisconsin law holds dog owners responsible for injuries caused by their dogs regardless of any prior behavior. This means that even if a dog has never bitten anyone before, the owner is still liable for the full amount of damages resulting from a bite or attack.

Key elements of Wisconsin’s strict liability law:

Liability regardless of prior behavior: Owners are responsible even if the dog has no history of aggression.
No proof of negligence required: Victims do not need to prove the owner was negligent or aware of any dangerous tendencies.
Applies to “keepers” and “harborers”: Liability extends beyond traditional ownership to those who keep or harbor a dog, even temporarily.

Who Is Considered an Owner?

Wisconsin law defines “owner” broadly. You may be liable if you:

Keep a dog: Exercising care, custody, or control of the dog, even temporarily (e.g., feeding, walking, or letting the dog out).
Harbor a dog: Allowing the dog to stay on your property, even if you don’t directly interact with it.

This broad definition means that even if you’re just watching a dog for a friend, you could be held liable if the dog causes injury.

Double Damages for Repeat Offenders

Wisconsin law includes a “double damages” provision under Wis. Stat. § 174.02(1)(b). If a dog has previously bitten someone without provocation, causing the skin to break and resulting in permanent scarring or disfigurement, and then bites someone again, the owner can be required to pay twice the amount of damages for the second incident. This provision serves as a strong deterrent for owners of dogs with known dangerous propensities.

What Damages Can Be Recovered?

Victims of dog bites in Wisconsin can seek compensation for a variety of damages, including:

Medical expenses: Including past and future costs related to treatment, surgeries, and rehabilitation.
Lost wages: Compensation for time missed from work due to the injury.
Pain and suffering: Compensation for physical pain, emotional distress, and mental anguish.
Property damage: If the dog damaged personal property during the attack.
Punitive damages: Although rare, punitive damages may be awarded if the owner’s conduct was particularly reckless or malicious.

Defenses to Dog Bite Claims

While Wisconsin’s strict liability law is favorable to victims, dog owners can raise certain defenses. These defenses are limited but can impact the outcome of a case. Common defenses include:

Provocation: If the victim provoked the dog into biting, the owner may not be held liable. However, Wisconsin law recognizes that children are less likely to provoke dogs in the same way adults might, making this defense less successful in cases involving children.
Trespassing: If the victim was trespassing on the owner’s property when the bite occurred, the owner may have a defense.
Comparative Negligence: Wisconsin Statute 895.045 states that if the injured party is 51% or more responsible for the incident, they cannot recover damages.

Dog Bite Statistics in Wisconsin

Dog bites are a significant public health concern. Here are some key statistics:

Approximately 4.5 million dog bites occur in the U.S. every year, with nearly 1 in 5 bites requiring medical attention.
Children between the ages of 5 and 9 are the most frequent dog bite victims.
In 2023, there were 19,062 dog bite claims filed, with an average settlement of $58,545.
Homeowners insurers paid out $1.12 billion in liability claims related to dog bites and other dog-related injuries in 2023.

Preventing Dog Bites: A Checklist for Owners

Preventing dog bites is the responsibility of every dog owner. Here are some steps you can take to reduce the risk:

Training and Socialization: Begin obedience training early and expose your dog to different people, pets, and settings.
Secure Control: Always leash your dog in public and maintain secure fencing.
Supervision: Supervise your dog’s interactions with children and other animals.
Awareness: Be aware of your dog’s body language and recognize signs of stress or aggression.
Insurance: Check your homeowner’s insurance policy to ensure you’re covered for dog-related incidents.

What to Do If You’re Bitten by a Dog

If you or someone you know is bitten by a dog, take the following steps:

Seek Medical Attention: Prioritize immediate medical care, especially if the bite is severe.
Report the Bite: Report the incident to local law enforcement and animal control.
Identify the Dog and Owner: Obtain the owner’s contact information and the dog’s vaccination records.
Document the Incident: Write down the details of the attack, including the location, time, and dog’s description.
Contact an Attorney: Consult with a Wisconsin dog bite lawyer to understand your legal rights and options.

Insurance Coverage and Dog Bites

In many dog bite cases, the dog owner’s homeowner’s or renter’s insurance policy will cover the damages. Dog bites are a common type of claim on these policies. However, some policies may exclude coverage for certain breeds or dogs with a history of biting. It’s essential for dog owners to review their insurance policies and ensure they have adequate coverage.

Conclusion

Wisconsin’s strict liability dog bite laws provide important protections for victims of dog attacks. Understanding these laws is crucial for both dog owners and potential victims. By taking proactive steps to prevent dog bites and knowing your rights and responsibilities, you can help create a safer community for everyone.