Legal Question in Civil Litigation in Wisconsin

Whether the law case is one involving a dog bite or a car accident, civil liability in WI is impossible to determine without a trial before a judge or a jury or declaratory judgment lawsuit. Short of that, all that any attorney can give you is an educated guess; and making such a guess based upon these few facts is difficult if not impossible. Owners in WI are strictly liable for all damages caused by animals which they keep, but there is always room for argument on the issue of causation, i.e., which party's lack of good judgment allowed the fight to occur, for example. Certainly, a leash is a reasonable precaution while you are anywhere where your dog is likely to come into contact with other dogs that could attack it, since the leash increase's your ability to restrain the animal and prevent the damages. This might therefore point to the party with the free dog as the more likely cause of the injury. However, if you neglected to use the leash to restrain your dog in this situation, or if your dog is known to be particularly viscous and the other free dog was approaching it without any hostile intent, the fight could still be your fault. The only way to find out for sure is to sue, which, believe me, is usual far more trouble and expense than it is worth. For this reason, liability is such situation is often determined by negotiating a settlement agreement which takes all of these factors into account determining the percentage of legal responsibility of each of the owners. An animal whose history has or should have put the owner on notice of its viscous propensities can also lead to increased damages and legal expense reimbursement in WI for the winning side of such a dispute. This is sometimes referred to as the "second bite" rule. Please be aware that my responses to you in the public web forum do not make me your attorney and that I am not representing you or taking any action on your case. These answers are intended for public educational use only. However, you are welcome to contact me during business hours at my Racine office.