Luật sư chuyên về các vụ cắn người do chó gây ra tại New Berlin
Luật sư chuyên về các vụ cắn người do chó gây ra tại New Berlin
On This Page
- New Berlin and Waukesha County Dog Bite Statistics
- Wisconsin Dog Bite Law: Strict Liability + Double Damages
- New Berlin City Ordinance on Dogs and Animals
- Waukesha County Animal Control and New Berlin Response
- What To Do After a New Berlin Dog Bite
- New Berlin Hospitals and Urgent Care for Dog Bites
- How To Report a Dog Bite in New Berlin
- New Berlin Area Law Enforcement and Emergency Contacts
- Filing a Dog Bite Claim in Waukesha County
- Compensation for New Berlin Dog Bite Victims
- Comparative Negligence in Wisconsin Dog Bite Cases
- Statute of Limitations for New Berlin Dog Bite Cases
- Homeowner and Renter Insurance for New Berlin Dog Bites
- Why Choose Dog Bite Laws for Your New Berlin Case
- Các câu hỏi thường gặp
- Strict Liability: Wis. Stat. section 174.02(1)(a) makes New Berlin dog owners strictly liable for the full amount of damages their dog causes, without proof of negligence or a prior bite.
- Double Damages: Wis. Stat. 174.02(1)(b) doubles damages when the bite broke the skin and caused permanent scarring or disfigurement, and the owner was notified or knew that the dog had previously, without provocation, bitten a person hard enough to break the skin and cause permanent scarring or disfigurement.
- Dual Jurisdiction: Report New Berlin bites to Waukesha County Environmental Health at (262) 896-8300, which follows up on every reported bite for rabies control, or to New Berlin Police at (262) 782-6640.
- HAWS: The Humane Animal Welfare Society (HAWS) of Waukesha County is an animal shelter and adoption organization in Waukesha; phone (262) 542-8851.
- Medical Care: ProHealth Waukesha Memorial Hospital is a Level III trauma center with a 24/7 ED; Froedtert Hospital in Milwaukee is eastern Wisconsin's only adult Level I trauma center.
- Waukesha County Venue: A New Berlin dog bite lawsuit would be heard in Waukesha County Circuit Court, and your lawyer handles the filing and deadlines.
- SOL: Wisconsin's three-year deadline in Wis. Stat. section 893.54 applies; section 893.16 tolls the deadline for child victims until their 20th birthday.
- Insurance: Most New Berlin dog bite claims are paid by the owner's homeowner or renter policy; typical HO-3 personal-liability limits are $100,000 to $300,000, and umbrella coverage stacks on top.
New Berlin sits at the eastern edge of Waukesha County, bordering the Milwaukee County line at 124th Street and stretching west to Prospect Avenue. Dogs are a huge part of daily life here, from the paths around New Berlin Hills Golf Course and Malone Park to the neighborhoods around Regal Manors and the quiet cul-de-sacs off National Avenue. Most encounters are ordinary. When one ends with a bite, particularly to a child, victims need a clear plan.
Wisconsin gives them one. Under Wis. Stat. section 174.02, the owner of a dog is liable for the full amount of damages the dog causes, without any requirement to prove the owner was careless and without any requirement to show a prior bite. When the bite broke the skin and caused permanent scarring or disfigurement, and the owner was notified or knew that the dog had previously, without provocation, bitten a person hard enough to do the same, the damages double. In New Berlin, bites are reported to Waukesha County Environmental Health, which follows up on every reported bite to prevent rabies, or to New Berlin Police.
Dog Bite Laws focuses exclusively on dog attack cases nationwide. This page walks through Wisconsin strict liability, the double-damages rule, New Berlin’s local ordinance, how to report a bite in Waukesha County, and everything else you need after a bite.
New Berlin and Waukesha County Dog Bite Statistics
Wisconsin does not require statewide reporting of every animal bite, so a hard “New Berlin” number is not published by the state. A CDC report estimated that U.S. hospital emergency departments treated about 368,000 people for dog bite injuries in 2001, and about 98 percent of them were treated and released. The U.S. Postal Service publishes a yearly ranking of dog attacks on mail carriers, and in its 2026 release Milwaukee, with 20 attacks in 2025, was the only Wisconsin city listed.
Waukesha County, with roughly 415,000 residents across dozens of municipalities, is the third most populous county in the state. New Berlin, one of the larger cities in the county at about 40,000 residents, contributes its share of bite reports every year. Bites reported in New Berlin are followed up by Waukesha County Environmental Health, and those records matter in a New Berlin case.
Children are the highest-risk victims. That CDC report also found that children ages 5 to 9 had the highest rate of dog bite injuries, and that most injuries to children under 4 were to the head or neck.
Wisconsin Dog Bite Law: Strict Liability + Double Damages
Wisconsin is a strict-liability state. Under Wis. Stat. section 174.02(1)(a), the owner of a dog is liable for the full amount of damages caused by the dog injuring a person, a domestic animal, or property. You do not have to prove the owner was negligent. You do not have to prove a prior bite. Strict liability is subject to the comparative-fault statute in section 895.045 and has a narrow exception for law-enforcement dogs that injure a crime suspect while on duty.
Section 174.02(1)(b): the double-damages rule
Wisconsin’s real differentiator is section 174.02(1)(b), which imposes TWO TIMES the full amount of damages when all three of these facts line up:
- The current bite broke skin and caused permanent physical scarring or disfigurement.
- The dog had previously, without provocation, bitten another person hard enough to break skin and cause permanent scarring.
- The owner was notified or actually knew about that prior bite.
In a New Berlin case, the prior-bite investigation should cover Waukesha County Environmental Health’s records and New Berlin Police Department reports. If the dog has lived somewhere else, records there are worth checking too. A coordinated records request is the fastest way to establish owner knowledge and trigger double damages.
New Berlin City Ordinance on Dogs and Animals
The City of New Berlin regulates dogs through Section 152-10 of its Municipal Code, on top of Wisconsin state law. Key rules for New Berlin dog owners and bite victims:
- Licensing and rabies vaccination. Dogs over five months old kept in New Berlin must be licensed every year through the City Clerk, with a late fee after April 1.
- Leash and running-at-large. Dogs may not run at large, which means being on private property without consent or on public property without restraint and control. The Waukesha County park system has fenced dog exercise areas at Menomonee, Minooka, Mukwonago, and Nashotah parks.
- Dangerous dog designation. A dog that seriously injures a person or pet without provocation is a dangerous dog under the city code. Its owner must keep it securely confined, use a muzzle and a leash no longer than four feet off the property, and have it microchipped. A dog that menaces or chases people can be labeled potentially dangerous. Under state law, the state, a municipality, or an injured person can also ask a court to order a dog killed after it seriously injures someone on two separate occasions off the owner’s property.
- Nuisance and habitual barking. New Berlin requires owners to keep dogs from becoming a public nuisance, including habitual barking and running at large.
- Bite reporting. Any dog bite that breaks the skin should be reported immediately to Waukesha County Environmental Health (see the county’s Animal Bite Report Form), and New Berlin Police can also take the report.
Waukesha County Animal Control and New Berlin Response
In New Berlin, dog bites are reported to Waukesha County Environmental Health, which runs the county’s rabies control program, or to the New Berlin Police Department.
- Waukesha County Environmental Health. Phone: (262) 896-8300. Runs the county’s rabies control program and follows up on every reported bite. Report a dog bite that breaks the skin right away. Office hours are 8 a.m. to 4:30 p.m. on weekdays.
- HAWS (Humane Animal Welfare Society) of Waukesha County. Phone: (262) 542-8851. Animal shelter and adoption organization in Waukesha. Hours are Monday through Friday 9 a.m. to 6 p.m., Saturday 9 a.m. to 4 p.m., and Sunday 11 a.m. to 4 p.m.
- New Berlin Police Department, non-emergency. Phone: (262) 782-6640. Dispatch line for dog complaints and bite reports inside New Berlin.
Do not accept an owner’s promise to “take care of it” in place of a formal report. The police and Waukesha County records are what prove the bite happened and whether the dog had bitten someone before.
What To Do After a New Berlin Dog Bite
The choices you make in the first hour and the first week after a New Berlin dog attack shape both your medical outcome and your legal case.
- Get to safety and call 911 if the dog is still loose or actively attacking. For a contained dog inside New Berlin, call the New Berlin Police non-emergency line at (262) 782-6640.
- Identify the dog and the owner. Get the owner’s name, address, phone, homeowner or renter insurance carrier, and the dog’s New Berlin license and rabies vaccination information. If the owner is unknown, note the dog’s breed, color, size, and where it went.
- Get medical care. ProHealth Waukesha Memorial Hospital and Aurora Medical Center Summit both have emergency departments open 24/7. The most severe adult injuries may be transferred to Froedtert Hospital in Milwaukee, and severe pediatric bites to Children’s Wisconsin.
- Report the bite right away to Waukesha County Environmental Health at (262) 896-8300. After hours, use New Berlin Police at (262) 782-6640.
- Photograph everything. Wounds before and after bandaging, torn clothing, the location, the dog if safe, and any blood on the ground.
- Get witness contact information. Names, phone numbers, and email addresses. Neighbors, joggers, and Malone Park visitors are often the strongest independent witnesses.
- Preserve evidence. Torn clothing in a paper bag (not plastic). Save every medical bill. Start a daily journal of pain, missed work, and sleep.
- Do not give a recorded statement to the owner’s insurance company. Talk to a New Berlin dog bite lawyer first.
New Berlin Hospitals and Urgent Care for Dog Bites
Several hospitals near New Berlin treat serious dog bite injuries:
- ProHealth Waukesha Memorial Hospital (Waukesha). Level III trauma center with 24/7 emergency care. Main line: (262) 928-1000.
- Aurora Medical Center – Summit (Summit). Level II trauma center with 24/7 emergency care. Main line: (262) 434-1000.
- – Froedtert Hospital (Milwaukee). Adult Level I Trauma Center, the only adult Level I trauma center in eastern Wisconsin. Main line: (414) 805-3000.
- – Children’s Wisconsin (Milwaukee). Pediatric Level I Trauma Center. Main line: (414) 266-2000.
How To Report a Dog Bite in New Berlin
Reporting is not optional. Waukesha County Environmental Health asks that every dog bite that breaks the skin be reported immediately, and the report is the paper trail your claim will rest on.
- Waukesha County Environmental Health. Phone: (262) 896-8300. Report any dog bite that breaks the skin right away. The county has a fillable Animal Bite Report Form.
- New Berlin Police Department, non-emergency. Phone: (262) 782-6640. Use after hours, when the owner will not identify the dog, or when the dog is still loose.
- – Waukesha County Sheriff, non-emergency. Phone: (262) 446-5070. Also the number to call for a dog bite in a Waukesha County park.
- 911. For an active attack or a loose dog that is still threatening people.
Ask for the report number and a copy of the report. If an agency will not release it to you directly, your lawyer can obtain it. The county’s bite file and the police report often show whether the dog has bitten before, which can double your damages under Wis. Stat. 174.02(1)(b).
New Berlin Area Law Enforcement and Emergency Contacts
For a bite inside New Berlin, these are the agencies to call:
- New Berlin Police Department. Emergency: 911. Non-emergency: (262) 782-6640. Serves the entire City of New Berlin.
- – Waukesha County Sheriff’s Office. Non-emergency: (262) 446-5070.
- 911. Call immediately if the dog is still attacking or running loose and threatening people.
Even when no one is charged with a crime, a police report gives you a time-stamped record of what the officer saw: the dog, the owner, and the scene. Insurers take that record seriously, and your lawyer will build on it.
Filing a Dog Bite Claim in Waukesha County
Even though New Berlin shares a border with Milwaukee County, a New Berlin dog bite case belongs in Waukesha County Circuit Court. You will not need to deal with the court yourself. Your lawyer prepares the paperwork, meets the deadlines, and follows the Wisconsin court rules, including naming the owner and anyone else in the household who kept or harbored the dog.
Most New Berlin claims never reach a courtroom. The owner’s homeowner or renter insurance pays, and a fair settlement is usually reached first. Filing suit still matters, because it is often what moves a stalled adjuster to make a real offer. Small claims court is rarely the right fit for a serious bite.
Keep your medical bills, photos, and the report number, and talk to a lawyer early.
Compensation for New Berlin Dog Bite Victims
Under section 174.02(1)(a), the owner is liable for the “full amount of damages” the dog causes. In a New Berlin case, that typically includes:
- Past medical expenses. ED care at ProHealth Waukesha, Aurora Summit, or Froedtert, wound irrigation and closure, antibiotics, tetanus, rabies post-exposure prophylaxis if needed, imaging, and every follow-up.
- Future medical expenses. Scar revision, staged reconstructive surgery, dental work, physical therapy, and mental-health treatment. Under Ellsworth v. Schelbrock, damages are the reasonable value of your care, not just the discounted amount a health plan actually paid.
- Lost wages and lost earning capacity. Time missed from work and long-term impact on jobs where scarring, nerve damage, or PTSD matters.
- Physical pain and suffering. Wisconsin does NOT cap non-economic damages in ordinary personal-injury cases.
- Emotional distress and PTSD. Diagnosed anxiety, hypervigilance, sleep disruption, and fear of dogs, especially common in children.
- Scarring and disfigurement. Compensated separately from pain and suffering because a scar is a permanent injury visible for the rest of the victim’s life.
- Out-of-pocket costs. Torn clothing, prescriptions, mileage to Waukesha, Milwaukee, or Summit follow-ups.
- Double damages under section 174.02(1)(b). Where the prior-bite standard is met, the entire damages award doubles.
Wisconsin’s made-whole doctrine (Rimes v. State Farm) can reduce or eliminate a health insurer’s subrogation claim when your total damages exceed your total compensation.
Comparative Negligence in Wisconsin Dog Bite Cases
Wisconsin uses a modified comparative-fault rule under Wis. Stat. section 895.045. Recovery is barred only when the plaintiff’s own negligence is GREATER than the defendant’s. This is a 51 percent bar, not the 50 percent bar in some other states.
Because section 174.02(1)(a) is expressly “subject to” section 895.045, comparative fault applies even in strict-liability dog cases. Insurance adjusters try to make provocation stick because it is the fastest way to reduce or defeat a claim. In Wisconsin, provocation is a factual question for the jury, and the standard is not what an adjuster on the phone thinks; it is what a reasonable jury would find.
A worked New Berlin example. Suppose a New Berlin child is bitten in a friend’s backyard while both children are petting the dog. Damages: $250,000. A jury assigns 5 percent fault to the child (arguably, for petting the dog’s back near the tail) and 95 percent to the owner. Recovery: $250,000 minus 5 percent, or $237,500. If the owner also knew the dog had previously, without provocation, bitten another child and left permanent scarring, the base $250,000 would double to $500,000 under section 174.02(1)(b), and the recovery would be $475,000.
Statute of Limitations for New Berlin Dog Bite Cases
Under Wis. Stat. section 893.54, most personal-injury actions in Wisconsin, including dog bite claims under section 174.02, must be commenced within three years of the date of injury. Wrongful death from a dog attack is also three years under section 893.54(2).
For minor victims, section 893.16 tolls the deadline: the child has two years after turning 18 to sue, which typically means the case survives until the child’s 20th birthday.
If a government-owned dog is involved, or the defendant is a state or municipal body, a NOTICE OF INJURY must be filed within 120 days under Wis. Stat. sections 893.80 and 893.82. Damages against a municipality are capped at $50,000; against the state, $250,000. Those caps and the short window matter most in law-enforcement dog cases.
Three years is not a reason to wait. The dog can be rehomed in weeks, bite records can become harder to get, and homeowner policies renew.
Homeowner and Renter Insurance for New Berlin Dog Bites
Most New Berlin dog bite claims are paid by the dog owner’s homeowner or renter policy, not out of the owner’s personal savings. Waukesha County has one of the highest homeownership rates in the state, which means most New Berlin owners carry meaningful liability limits.
Typical Wisconsin homeowner HO-3 policies carry $100,000 to $300,000 in personal liability and $1,000 to $5,000 in medical payments to others. Renter policies (HO-4) usually carry the same limits. Umbrella policies stack on top and matter in serious-injury cases with facial scarring, child victims, or reconstructive surgery. Waukesha County’s higher household income means umbrella coverage is more common here than in most Wisconsin counties. Always demand disclosure of any umbrella policy.
Two Wisconsin-specific angles matter in New Berlin cases:
- The Pawlowski multi-insurer angle. Under Pawlowski v. American Family Mut. Ins. Co., an adult who “harbors” a dog in their home for months is a statutory owner under section 174.02, even if they do not legally own the dog. Two policies (legal owner’s and harborer’s) can both be tapped.
- Breed exclusions and animal-liability endorsements. Some carriers writing in Waukesha County exclude specific breeds or exclude coverage after a first reported bite. Always request the full declarations page AND the endorsement schedule; do not rely on the insurer’s coverage letter alone.
Why Choose Dog Bite Laws for Your New Berlin Case
Dog Bite Laws focuses exclusively on dog attack claims. That focus matters. General personal-injury firms handle car crashes, slip-and-falls, and every other type of case, and treat dog bites as an afterthought. We do not.
When you work with Dog Bite Laws on a New Berlin case, you get:
- Deep familiarity with Wis. Stat. section 174.02, the double-damages rule, and how Wisconsin courts have interpreted provocation, peaceable-conduct, and the Fandrey public-policy factors.
- A prior-bite investigation strategy that checks Waukesha County Environmental Health’s records and police reports for any earlier bites by the same dog.
- Working knowledge of New Berlin’s ordinance and Waukesha County Circuit Court practice.
- Direct experience negotiating with the major homeowner and renter carriers writing policies in Waukesha County, including the umbrella carriers common here.
- No fee unless we recover for you. We advance the costs of investigation, medical records, and expert witnesses.
Call Dog Bite Laws today for a free case evaluation. We will review the bite reports, medical records, and the owner’s insurance situation, and give you an honest assessment of what your New Berlin case is worth.
Các câu hỏi thường gặp
No. MADACC provides animal control for the 19 municipalities of Milwaukee County, and New Berlin is in Waukesha County. For a New Berlin bite, report it to Waukesha County Environmental Health at (262) 896-8300, which follows up on every reported bite for rabies control, or to New Berlin Police at (262) 782-6640.
In Waukesha County Circuit Court. New Berlin is in Waukesha County, so that is the court that would hear the case. You would not file it yourself; your lawyer handles the paperwork and deadlines. In practice, most New Berlin claims settle with the owner's homeowner or renter insurance before a lawsuit is ever needed.
For a serious injury, ProHealth Waukesha Memorial Hospital (Level III trauma center) and Aurora Medical Center Summit (Level II trauma center) both have 24/7 emergency departments. For adult Level I trauma care, Froedtert Hospital in Milwaukee is eastern Wisconsin's only adult Level I trauma center. For severe pediatric facial injuries, Children's Wisconsin in Milwaukee is a pediatric Level I trauma center.
No. HAWS (Humane Animal Welfare Society) of Waukesha County is a shelter and adoption organization in Waukesha, reachable at (262) 542-8851. It is not the government animal-control agency for New Berlin. For a bite, report it to Waukesha County Environmental Health at (262) 896-8300 or to New Berlin Police at (262) 782-6640.
Nearby, the Waukesha County park system has four fenced dog exercise areas, at Menomonee Park, Minooka Park in Waukesha, Mukwonago Park, and Nashotah Park. Bringing a dog with a known bite history to any off-leash park is a serious problem for the owner, and if that history includes an unprovoked bite that broke the skin and left a permanent scar, a new bite that does the same can bring double damages under section 174.02(1)(b).
For the civil personal-injury claim, Wisconsin state law (section 174.02) applies regardless of which side of the county line the dog lives on. For reporting, the place where the bite happened matters: a bite on the New Berlin side is reported to Waukesha County Environmental Health or New Berlin Police. A bite on the Franklin side is reported to Franklin's health department, and MADACC provides animal control for Franklin and the rest of Milwaukee County.
Yes. The three-year deadline under Wis. Stat. 893.54 is state law and applies in every Wisconsin county. The county changes which court hears the case (Waukesha instead of Milwaukee), but not how long you have. For a child, the clock runs until two years past the 18th birthday under Wis. Stat. 893.16. If a city, county, or other government body is a defendant, a much shorter 120-day notice deadline applies under Wis. Stat. 893.80, so talk to a lawyer quickly.
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