Madison Dog Bite Lawyer

For serious pediatric facial injuries, the referral destination is American Family Children's Hospital at UW Health, which is a verified American College of Surgeons Level I pediatric trauma center. Staged reconstructive care over months or years is common in child cases and is a fully recoverable damages category under Wis. Stat. 174.02.

Public Health Madison and Dane County will place the dog on a mandatory ten day quarantine so any signs of rabies show up while the animal is still alive. If the dog is vaccinated and cooperative, the quarantine is usually at the owner's home. If the dog is unvaccinated, cannot be located, or shows illness, PHMDC and your doctor will likely recommend post exposure rabies prophylaxis for your child. That series is expensive, and every dollar is recoverable as part of the civil claim against the owner.

Yes. The Madison General Ordinances require dogs to be on a leash no longer than six feet any time they are off the owner's property, with the only exception being posted off leash areas such as the area of Warner Park south of the lagoon, Sycamore Park, Quann Park, and Demetral Field. Being off leash outside those posted zones is an ordinance violation, and Wis. Stat. 174.02 already makes the owner strictly liable. The ordinance violation reinforces the case and undercuts any defense argument about your conduct.

Yes. Wisconsin uses a 51 percent modified comparative fault bar under Wis. Stat. 895.045. As long as your share of fault is 50 percent or less, you recover, reduced by your percentage. Worked example: if the jury finds $200,000 in damages and puts you at 40 percent fault, you recover $120,000. Only at 51 percent or more do you recover zero. Do not agree to a provocation narrative in a recorded statement. Adjusters routinely overstate a victim's share of fault.

Not automatically. Wisconsin's made whole doctrine, from Rimes v. State Farm, says that a subrogated health insurer cannot be paid out of the settlement unless the victim has been made whole for the full loss. In a serious bite with future medical needs, scarring, and lost wages, most victims are NOT made whole by policy limits, and the made whole analysis often reduces or eliminates the lien. Also, under Ellsworth v. Schelbrock, you recover the reasonable value of your medical care, not just the discounted amount insurance paid.

Both, potentially. Under Pawlowski v. American Family Mut. Ins. Co., a person who harbors a dog, meaning affords lodging or shelter, is a statutory owner under Wis. Stat. 174.02. Your friend would qualify as a harborer and her renter insurance policy would be in play alongside the legal owner's policy. By contrast, under Augsburger v. Homestead Mut. Ins. Co., a landlord who is not a keeper or harborer is not a statutory owner. That is why the intake question in every Madison case is: who lived at the address in the months before the bite, and what homeowner or renter policy did each of them carry?

It depends on how much your case is worth. Wisconsin small claims court only handles personal injury claims of $5,000 or less. Almost any Madison dog bite case with more than a single ER visit will exceed that limit once you count medical bills, lost wages, scarring, and pain and suffering, so it belongs in the Dane County Circuit Court. Your lawyer makes that call and handles the filing. If the claim truly is $5,000 or less, small claims is faster and cheaper.