Experienced Dog Bite & Dog Attack Attorney, The Dog Bite Statute and Worker's Compensation Benefits Resulting From Dog Attacks While on the Job
As dog bites and dog attack injuries can be complicated, you should hire an experienced dog bite attorney where you or a family member is injured or killed by a dog attack. With postal carriers and delivery drivers making more home deliveries, dog bite claims are frequently complicated by worker’s compensation laws which require reimbursement to the worker’s compensation carrier of a certain amount of your dog bite recovery. Also, worker’s compensation laws allow benefits equal to one-year of your wages for permanent scars and disfigurement under certain circumstances. If you are injured by a dog bite or dog attack while working, you should hire an attorney experienced in dog bites and worker’s compensation claims to navigate both areas of the law to maximize your recovery.
The Kmiec Law Offices have been representing people injured in dog bites, dog attacks and worker’s compensation claims since 1959. You can feel confident that all claims and damages are being considered in your case when we represent you.
An owner or a keeper of a dog is liable for injuries caused by a dog they own, keep or harbor. The Wisconsin Dog Bite statute, Wis. Statute Sec. 174.02(4), provides that an “owner” of a dog is liable for the full amount of damages caused by the dog to a person, domestic animal and/or property. Under the statute, a keeper or harborer of the dog is also considered an owner of a dog. A keeper or harborer of a dog is a person who exercises “some measure” of care, custody or control of a dog. Double damages may be recovered under the Dog Bite Statute where the dog owner has notice that the dog has previously caused permanent scars or disfigurement.
Where a person watches a dog for family or friends or watches dogs under a program such as Rover, that person will often be considered a keeper or harborer of the dog. It is important for people who watch dogs to have proper liability insurance. A keeper or harborer of another person’s dog may not pursue the dog owner for damages under the Dog Bite Statute for injuries caused by the dog they are keeping or harboring; however, a claim for damages under general negligence principles or misrepresentation against an owner in certain circumstances may be pursued.
Damages for dog bites include pain and suffering, scars and disfigurement, medical bills, wage loss and other bills and expenses associated with the attack. Where the victim’s pet is also attacked, damage may be recovered for veterinary bills, burial or cremations fees, and payment for the reasonable value of your dog. Emotional distress damages are not recoverable for injuries or the death of your pet as pets are considered property under current Wisconsin laws. However, where you and your dog are injured in a dog attack, emotional distress damages associated with your injuries and emotional distress caused by the injury or death of your dog may become blurred and result in a jury awarding damages for all emotional distress damages.
Often dog attacks are triggered by an aggressive dog attacking a victim dog while the owner of the victim dog attempts to protect their dog. A reasonable dog owner who attempts to protect their dog is entitled to damages where the aggressor dog causes injuries to the victim dog owner.
Insurance coverage for dog bites and dog attacks can be complicated by certain insurance policy exclusions. Homeowners or renter’s insurance usually provides insurance coverage for dog bites or dog attacks. However, due to the aggressive nature of certain dog breeds, several insurance companies have inserted exclusions into their insurance policy which exclude insurance coverage for damages caused by certain dog breeds or where a dog has previously caused injuries. Therefore, careful legal strategies should be considered when asserting a claim for Double Damages under the Dog Bite Statute.
Please contact the Kmiec Law Offices for a free consultation regarding your dog bite or dog attack claim. We are here to serve your legal needs related to your dog bite or dog attack claim.
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