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Dog attack – Damages

By: Derek Hawkins//April 12, 2016//

Dog attack – Damages

By: Derek Hawkins//April 12, 2016//

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WI Court of Appeals – District IV

Case Name: Thomas M. Smith et al v. Wisconsin Mutual Insurance Company et al

Case No.: 2015AP1499

Officials: Lundsten, Higginbotham and Sherman, JJ

Focus: Dog attack – Damages

Thomas and Cary Smith’s pet dog was attacked and badly injured by a larger dog owned by neighbors. Liability was not contested. The dispute here is over damages. The Smiths incurred significant veterinary bills and related costs in an apparently successful attempt to save their dog. The Smiths sought damages totaling over $12,000, which they argued were subject to doubling under WIS. STAT. § 174.02(1)(b). The circuit court, however, in keeping with normal limits in property damage cases, limited damages to the cost of a replacement dog of the same breed, which the parties agreed would have cost $2,695. The court doubled that amount.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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