Legal Question in Personal Injury in Wisconsin

Re: Dog Bite

According to Wisconsin law, the owner or keeper of a dog is automatically liable for any injuries or damages that the dog may cause. Therefore, you certainly have a case that can be pursued. The only concern I have is why the K-9 dog bit you. Was this as a result of an arrest or something that the police were doing in thier official duties? I would need a bit more information. A Notice of Injury form generally has to be filed with the City within 120 days from the date of the injury to pursue a claim, but if it can be shown that the City had notice of the incident or that the failure to file the Notice of Injury did not prejudice the City in thier investigation, the claim could still be pursued. If the dog has bitten before, there might be the potential of pursuing a claim for double the amount of your damages. If you wish to supply the additional information, I would be happy to give you a more detailed opinion on the merits of your case.

Re: Dog Bite

I believe that you do have a case. Wis. Stat. sec. 174.02 provides that the owner of a dog is liable for the full amount of damages caused by a dog that injures a person. If it can be proved that the owner of the dog knew that the dog had previously injured a person, domestic animal, or property, then the owner of the dog is liable for two times the full amount of damages.

The only potential problem, which I believe can be overcome in your case, is that claims against municipalities require that a notice of injury be served upon the municipality within 120 days of the date of injury (Wis. Stat. sec. 893.80). However, failure to give the requisite notice shall not bar action on the claim if the municipality had actual notice of the claim and the claimant can show that the delay or failure to give the requisite notice has not been prejudicial to the municipality.

Depending upon the seriousness of your injuries, you may want to retain a local lawyer to pursue your claim for you.