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My child was bitten by a dog at her Wisconsin day care. Who is going to pay for her medical bills and other damages?

Your day care facility should be alert to dangers when kids play with dogsSince it was not your dog that bit your child, you may have a claim against the owner of the dog, and in some instances against your child’s day care.

Liability of the Dog Owner

In Wisconsin, dog owners are strictly liable for damages if their dog bites a person. Your child should be able to recover for the full amount of the damages she sustained because of the dog bite. If the dog had previously hurt a person, then your daughter may be able to recover double damages for her injuries according to the Wisconsin dog bite statute.

Liability of the Day Care Center

If the dog was in the control of the day care or a daycare worker, then the day care may also be responsible for your child’s injuries. A day care may be liable pursuant to:

  • The dog bite statute described above, since harborers or keepers of dogs are treated as if they are dog owners.
  • Common law, if the day care was negligent in allowing the dog to be around the children. For example, if the day care failed to have the dog on leash or knew that the dog could be aggressive, then the day care may have failed to provide your child with reasonable care by allowing the dog around your young child.

Many children love dogs and are excited to see these beloved family pets at day care. However, dog owners and day cares have a duty to protect children from any potential harm. If your child has been hurt by a dog at a Wisconsin day care, then it is important to act quickly to protect your child’s rights and potential recovery. Please start a live chat with us today to learn more.

Jason F. Abraham
Managing Partner, Hupy and Abraham