Legal Question in Civil Litigation in Wisconsin

Liability for uninvited person being bit by properly restrained dog?
I am a homeowner/landlord in Wisconsin. A neighbors child came onto the property after the 6 year old child was told not to go near the dogs when chained out and the parents of the child were told not to let the children come over when dogs were chained out. The parents have a habit of letting the 2, 4, and 6-year-old children play outside unattended. The dogs are normally very friendly but are 65 and 95 lbs. and our main concern was that they didn't accidentally tangle the children in the chains. In this case the child must have done something to provoke one of the dogs, which bit a large portion of the child�s lip off. I feel bad for the child obviously (both for the fact that she was bitten and for the fact that she has parents not concerned enough for her safety to properly supervise her) but what would be the reason for my Insurance (or myself) being held financially responsible? And would there be any precedent for the child�s parents being held as neglegent?

Asked on 9/01/00, 12:17 am

JAY Nixon nixon law offices

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Re: Liability for uninvited person being bit by properly restrained dog?

You are facing a major piece of civil

litigation here, and should notify your insurer

immediately so as not to jeapordise your coverage.

It sounds like a case which could go either

way and one that a jury will end up deciding.

Contributory negligence is a defese to the

otherwise strict liability for animal bites

in WI. Children under seven, however, are

not capable of negligence under WI statutes,

so the parents' possible negligence for

failure to supervise would probably be

the defense. The case will require extensive

discovery in order to sort all this out. Feel

free to send me a private e-mail for further

discussion.

Answered on 10/04/00, 6:24 am

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