Dog bites in Milwaukee rental properties raise questions regarding who is responsible when someone is injured. This is a reasonable question, especially when the tenant has no renter’s insurance or has limited resources. Wisconsin law generally limits landlord liability, but the answer may depend on who owned, kept, or harbored the dog.
At the Warshafsky Law Firm, our experienced dog bite lawsuit attorneys help victims of dog attacks with their recoveries. If you or your child was injured by someone’s pet, call us to learn about your rights and legal options.
Who Does Wisconsin Law Hold Responsible for Dog Attacks?
Wisconsin uses a strict liability principle for dog bite injuries. Strict liability means a dog’s owner is responsible for injuries the animal causes even if the dog had never shown aggression before. Damages do not need to be a bite that breaks the skin. It could also be when a dog knocks someone down and causes personal injuries. However, comparative negligence, provocation, and other circumstances may affect liability or the compensation available.
Wisconsin law defines an “owner” as someone who owns, harbors, or keeps a dog. That definition is not limited to the person listed on a license or veterinary record.
Keeping a dog generally involves exercising some measure of custody, care, or control over the animal. Harboring typically involves providing the dog with lodging or shelter. Depending on the circumstances, a person who regularly houses or cares for a dog could qualify as a statutory owner even if someone else holds the dog’s license. An attorney is your best resource for determining if anyone other than the dog owner is liable.
The issue is not simply whose name appears on a document. It is whether someone had the type of relationship with the dog that Wisconsin law recognizes as owning, keeping, or harboring it. That distinction can become particularly important when a bite happens at a rental property.
Who is Responsible for a Tenant’s Dog?
A landlord does not become a legal owner merely by renting property to a tenant who has a dog. Allowing a pet to remain on the premises generally does not mean the landlord keeps or harbors the animal either.
Knowledge alone is also generally insufficient. A landlord does not necessarily become liable simply because someone complained about the dog, the lease prohibited certain animals, or the landlord had the authority to require the tenant to remove a pet. Control over the rental property is different from custody, care, or control over the dog itself.
A landlord could potentially face liability if the landlord’s relationship with the animal went beyond ordinary property ownership. Relevant questions may include whether the landlord:
- Fed or routinely cared for the dog
- Walked, restrained, or supervised the dog
- Provided the dog’s primary shelter
- Exercised meaningful custody or control over the animal
The tenant who owns or keeps the dog is typically the primary responsible party. However, it is important not to assume that the tenant is the only possible person responsible. Other people who provided the dog with shelter or exercised sufficient custody, care, or control may also need to be investigated.
No single fact necessarily decides the issue. Our personal injury law firm may need to examine the lease, living arrangements, witness statements, and the landlord’s actual interactions with the dog.
What Kind of Compensation May There Be for a Dog Bite Victim?
Depending on the circumstances, someone who is seriously injured in a dog attack may be able to claim compensation for:
- Emergency medical treatment
- Follow-up care and rehabilitation
- Future medical treatment
- Lost wages and reduced earning capacity
- Pain and suffering
- Permanent scarring or disfigurement
Serious bites can require surgery, reconstructive procedures, or long-term treatment. An injured child may require emotional support, such as therapy, after an attack. Our Milwaukee dog bite lawyers can help document these losses and determine which people or insurance policies may be responsible.
Double Damages for Dogs Who Bite Someone Before
An owner may face double damages when a current bite breaks the skin and causes permanent physical scarring or disfigurement if the owner knew or had been notified that the dog had previously bitten a person, domestic animal, or property without provocation with enough force to cause the same type of permanent harm.
A general history of barking, lunging, or aggressive behavior is not necessarily enough. Our attorneys may investigate veterinary records, prior reports, witness accounts, and other evidence to determine whether the statutory requirements could apply.
Contact a Lawyer Today to Learn About Your Legal Options
If you or someone you care about was injured by a dog at a rental property in Milwaukee County or elsewhere in southeastern Wisconsin, contact Warshafsky Law Firm for a free consultation. We will listen to what happened, investigate who exercised control over the dog, and explain the legal options that may be available to you.
