Legal Question in Personal Injury in Wisconsin

Re: dog bite what are we responsible for

If you cousin's dog bit the lady, your cousin will probably be found at fault if the case should end up in a lawsuit. The trier of fact, either a judge or a jury, would have to determine whether your cousin's dog bit the lady. If the trier of fact determined that your cousin's dog bit the lady, your cousin would be responsible not only for the medical bills but also for the lady's pain and suffering, which probably would not amount to a lot of money based on what you have said about the injuries. Regarding the medical bills, your cousin would be responsible for the entire amount of the bill, assuming the bill was reasonable and was caused by the dog bite. The lady's insurance company would have the right to be reimbursed from the payment from your cousin for whatever portion of the bill the insurance company paid. Your cousin does not have the right to make the check to the hospital. The check should be paid to the lady to compensate her for her injuries and for the medical bills. I think that your cousin should be sure to have the lady sign a release saying that the payment represents full compensation to the lady for her injuries and bills, or at least write on the back of the check that the endorsing of the check represents acknowledgement of a full and final release of whatever claims the lady may have against your cousin.

Re: dog bite what are we responsible for

Assuming that the lady can prove that your cousin's dog bit her, she would be able to recover her damages from your cousin or your cousin's homeowners or renters insurance. Her damages could consist of her medical expenses, wage loss, and pain and suffering, if those things are proven to have been caused by the dog bite. If the woman is only asking your cousin to pay for the hospital bill, your cousin should attempt to have the woman sign a release form that acknowledges the payment being made is for all claims, known or unknown, and is a full and final settlement, otherwise, it would probably not be in your cousin's best interest to pay the claims in a piecemeal fashion. The woman would normally have a three year statute of limitations to either settle her claims or sue your cousin. If the dog has injured in the past, the woman may also be able to make a claim for double the amount of her proven damages.

Re: dog bite what are we responsible for

Wisconsin dog bites are governed by Wisconsin statute, which holds owners and keepers of dogs responsible for dog bites that cause injury. The entire amount of related medical bills is recoverable and any health insurer paying on the bills could go after the dog owner/keeper for what they paid. I have the full text of the statute at http://www.frankpasternak.com/dog_bites.htm. Your cousin should try to get a full release with the right of indemnification, but going into this is too complicated for this board.

Frank Pasternak