Legal Question in Personal Injury in Wisconsin

Child Biting, Parental Liability for Willful Malicious Acts of Juveniles

WI law provides for vicarious strict liability regardless of fault for parents whose children commit willful or malicious damages. The last time I checked, the maximum for this type of liability was around $2,500 per event. This limit is in addition to any common law liability for failure to supervise, negligent entrustment of vehicles, and many other legal theories of liability. No limits exist for these other types of liability other than statutory caps on non-economic damages (and, of course, all damage claims are limited by the amount of damage the plaintiff can prove). Although I do not have enough information to advise you, someone in your situation should immediately put their homeowners or renters liability insurance company on notice of the potential claim. Although such insurance policies usually exclude any injuries which are intentional, you may still be entitled to have the costs of defense paid by the insurer. Sometimes, your insurer may even be able to negotiate a global settlement which might include items not otherwise covered by the insurance. If you do not have insurance, you should retain an attorney to advise you. Even if you do have insurance, it may still be wise to consult with an attorney, since there may be a conflict of interest between you and your insurer on the issue of whether or not their is coverage.