174.02 Owner’s liability for damage caused by dog; penalties; court order to kill a dog.

560 words·~3 min read·/wi/chapter-174/174-02-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Liability for injury.

(a)Without notice. Subject to s. 895.045 and except as provided in s. 895.57

(4), the owner of a dog is liable for the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property.

(b)After notice. Subject to s. 895.045 and except as provided in s. 895.57

(4), the owner of a dog is liable for 2 times the full amount of damages caused by the dog biting a person with sufficient force to break the skin and cause permanent physical scarring or disfigurement if the owner was notified or knew that the dog had previously, without provocation, bitten a person with sufficient force to break the skin and cause permanent physical scarring or disfigurement.

(2)Penalties imposed on owner of dog causing damage.

(a)Without notice. The owner of a dog shall forfeit not less than $50 nor more than $2,500 if the dog injures or causes injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds.

(b)After notice. The owner of a dog shall forfeit not less than $200 nor more than $5,000 if the dog injures or causes injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds, and if the owner was notified or knew that the dog previously injured or caused injury to a person, domestic animal, property, deer, game birds or the nests or eggs of game birds.

(c)Penalties in addition to liability for damages. The penalties in this subsection are in addition to any other liability imposed on the owner of a dog.

(3)Court order to kill a dog.

(a)The state, any municipality, or a person who is injured by the dog, whose minor child was injured by the dog, or whose domestic animal is injured by the dog may commence a civil action to obtain a judgment from a court ordering an officer to kill a dog. The court may grant the judgment if the court finds both of the following:

1. The dog caused serious injury to a person or domestic animal on 2 separate occasions off the owner’s property, without reasonable cause.

2. The owner of the dog was notified or knew prior to the 2nd injury, that the dog caused the first injury.

(b)Any officer enforcing a judgment under this subsection shall kill a dog in a proper and humane manner.

(4)Law enforcement dogs.

(a)In this subsection, “law enforcement agency” has the meaning given in s. 165.83

(b).

(b)The owner of a dog that is used by a law enforcement agency is not liable under sub.

(1)for damages caused by the dog to a crime suspect while the dog is performing law enforcement functions.

(c)Subsection

(2)does not apply to the owner of a dog that is used by a law enforcement agency if the dog injures a crime suspect while the dog is performing law enforcement functions.

(d)Subsection

(3)does not apply to a dog that is used by a law enforcement agency if the dog injures a crime suspect while the dog is performing law enforcement functions.