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Torts – Dog bites – strict liability

By: WISCONSIN LAW JOURNAL STAFF//December 29, 2014//

Torts – Dog bites – strict liability

By: WISCONSIN LAW JOURNAL STAFF//December 29, 2014//

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Wisconsin Supreme Court

Civil

Torts – Dog bites – strict liability

The owner of a house is not strictly liable for attacks by dogs on the property where he neither lived in the same household as the dogs nor exercised control over the property on which the dogs were kept.

“Considering the totality of the circumstances detailed above, we conclude that Kontos was not a statutory owner of the dogs such that he could be held liable under Wis. Stat. § 174.02. It is undisputed that Kontos did not legally own the dogs and did not exercise the requisite care, custody or control of the dogs to qualify as a keeper. Further, he was not a harborer of the dogs. Although Kontos provided shelter for his daughter and family by buying the house for them to live in, he exercised no control over that property and maintained a separate residence. Ultimately, it was his daughter who provided shelter to the dogs.”

Reversed.

2012AP641 Augsburger v. Homestead Mut. Ins. Co.

Bradley, J.

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