| Dog Bite Bulletin From Dan Keyes
DOG BITE LEGISLATION
Current Status:
http://www.legis.state.wi.us/2003/data/AB423hst.html
Assembly Roll Call:
http://www.legis.state.wi.us/2003/data/votes/av0296.pdf
ACTION REQUESTED
Contact your State Senator and ask them to
support changes to Wisconsin's "dog bite" law (SB 229 and AB 423).
BACKGROUND
Under current Wisconsin law the owner is liable for the amount of
damages caused when a dog causes injury to another person, animal or
property. Unlike other damage claims, the dog owner knew that
the dog had previously "caused injury." The dog bite law further subjects
the owner to civil penalties for these injuries, as well as granting
authority to the courts to ordered the dog killed if the dog has caused
serious injury on two separate occasions off the owner's property.
Assembly Bill AB 423 and Senate Bill 229,
currently pending before the Wisconsin Assembly, modifies Wisconsin's dog
bite law in the following ways:
- The bill only allows double damages if
the first injury caused by the dog was a serious injury.
- The civil forfeitures are increased.
- The bill expands the right to ask the court to order the dog be killed
to "any person."
WHY ARE THESE CHANGES APPROPRIATE?
- The increase in civil forfeiture puts additional financial
responsibility on the owner of the dog to make certain that the dog
does not hurt someone or their property.
- The expansion of the right to ask that the dog be killed to any person
provides additional remedy where a dog has seriously injured someone in
the past.
- Awarding "double damages" to the injured person provides a windfall to
them without offsetting public benefit. Under current law the "first
injury" can include a dog's paw scratching the hand of a child requiring a
trip to the emergency room when the dog and child are playing in the
living room.
WHAT ABOUT VICIOUS DOGS???
- We've all seen news coverage of vicious dogs that do terrible damage to
people and property. The "victims" of that viciousness will remain
able to recover money to compensate themselves for all their physical and
emotional damages under this bill.
- This bill will allow additional civil
forfeitures against the owners of those vicious dogs and will also allow
for easier access to the courts so those animals can be put to sleep.
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