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Double Damages for Dog Bite Cases August 3, 2010

Posted by Andrew Christman in Dog Attack Information, FAQ Personal Injury, Milwaukee Personal Injury Attorney.
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Last week a Wauwatosa woman was attacked by a dog with a violent history. The dog caused serious injury to the woman’s ankle. In May of 2009 the same dog attacked a toddler, biting him in the face. The story can be found here.

In a personal injury cases involving a dog bite, evidence of prior incidents regarding the same dog can not only be one of the most important pieces of evidence to prove that the owner is liable for the victims injuries, but according to Wisconsin law, it can mean that the victim is entitled to twice the amount of actual damages. Wisconsin Statute 174.02 states that an owner of a dog who was notified or knew that the dog had previously injured a person is liable for two times the amount of damages.

Feel free to contact Groth Law Firm, S.C.  if you have any questions or would like to discuss your need for a personal injury attorney.  Groth Law Firm, S.C. has offices to meet with clients in Brookfield, Milwaukee, Green Bay and Marinette.

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Milwaukee 3 Year Old Attacked By Dog September 8, 2009

Posted by Attorney Jonathan Groth in Dog Attack Information, Personal Injury Law.
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I don’t quite understand this story.  I get that the dog attacked the little 3 year old.  It sounds serious.  Luckily, we have one of the best Children’s Hospitals in the nation.

I don’t understand the part that talks about how the dog owners told the 3 year old to put the dog back in the kennel.  I assume the dog owners are adults.  Shouldn’t they put the dog back in the kennel.   Here is the quote from the story:

The boy was at a home in the 1500 block of S. Pearl St. and had let the American Bulldog out of its kennel. He was told by the dog’s owner to put the dog back into the kennel, and that’s when the animal bit the boy, police said.

Maybe I’m just confused by the story.  But don’t you agree?

Timely Payment of Claims June 5, 2009

Posted by Attorney Jonathan Groth in Dog Attack Information, FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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There are a ton of laws.  That may be the biggest understatement I’ve ever written.

I mention this because it’s a reason to hire an attorney.  How many people have heard of the “Timely Payment of Claims” Statute.  It’s Section 628.46 of Wisconsin’s Statutes.  It applies to first party insurance payments and also third party insurance payments.  So, if you are injured by someone without insurance and you file an uninsured motorist claim this statute applies.   Because of the “recent” Kontowicz case it applies to claims against an at fault insurance company also.

Attorneys for injured people can push insurance companies to review and make offers to settle cases within 30 days of receiving all of the documents related to an injury.  If the insurance company drags its feet it may be subject to 12% interest.  Or, if the insurance company agrees to that a portion of an injury is definitely related to an accident that insurance company, under the statute, should pay the undisputed amount asap.

For your information the statutes says:

(1) Unless otherwise provided by law, an insurer shall promptly pay every insurance claim. A claim shall be overdue if not paid within 30 days after the insurer is furnished written notice of the fact of a covered loss and of the amount of the loss. If such written notice is not furnished to the insurer as to the entire claim, any partial amount supported by written notice is overdue if not paid within 30 days after such written notice is furnished to the insurer. Any part or all of the remainder of the claim that is subsequently supported by written notice is overdue if not paid within 30 days after written notice is furnished to the insurer. Any payment shall not be deemed overdue when the insurer has reasonable proof to establish that the insurer is not responsible for the payment, notwithstanding that written notice has been furnished to the insurer… All overdue payments shall bear simple interest at the rate of 12% per year.


Chippewa Falls Dog Attack February 9, 2009

Posted by Attorney Jonathan Groth in Dog Attack Information, Personal Injury Law.
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According to reports a 68 year old woman was attacked by a pack of dogs near her home.  From the report it appears that the dogs acted with a pack mentality.  The four dogs attacked her as she walked along the road.  They then dragged her into a ditch.  She is in critical condition after surgery.

The dogs were a mix of the Labrador and German Shepherd breeds.

This is a good time to review Wisconsin’s dog bite law.   I’ve linked to and posted Wisconsin’s Dog Bite Law (Sec. 174 Wis. Stats.)

When a dog causes injury to a person for the first time (”without notice”):

“the owner of a dog is liable for the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property.”

When a dog owner knows that a dog has caused injury in the past and the dog causes injury again (”after notice”):

“the owner of a dog is liable for 2 times the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property if the owner was notified or knew that the dog previously injured or caused injury to a person, domestic animal or property.”

If you have questions about the Dog Bite Law in Wisconsin feel free to contact me at 800-950-9882.  I’d be happy to discuss your situation.

www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Cascade, Lomira, Janesville and Wauwatosa.

Family’s Two Pitbulls Kill Grandpa December 23, 2008

Posted by Attorney Jonathan Groth in Dog Attack Information, FAQ Personal Injury.
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It happened in Rubidoux, California (near Los Angeles).   I haven’t seen much reported other than the grandfather stepped outside to smoke a cigarette when he was attacked.  There was one family member at the house but this person could not stop the two pitbulls.   The man died before paramedics could help. 

All I can say is, wow.   That is a tragic story.

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Bend, West Allis, New Berlin and Wauwatosa.

Click here to submit a Case or Question.

West Allis, WI: Vicious Dogs Banned? December 17, 2008

Posted by Attorney Jonathan Groth in Dog Attack Information.
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Considering what I’ve written about in the past I don’t know how I CAN’T write about the saga of the Pit Bull ban in West Allis. 

As you’ve probably read on the AP Wire the City President exercised his first veto on a proposal to ban Pit Bulls in West Allis (it banned any new pit bulls but allowed current Pit Bulls to stay).  The West Allis Common Council voted for the ban on December 2nd.  The ban would have been the first of its kind in the Milwaukee area.

Because of the veto the Common Council is considering other options:

The Common Council is considering a new ordinance to clamp down on dogs in the city considered vicious

A vote is supposed to occur very soon.  I’ll keep you updated on anything that I see in the news.

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Fond du lac, West Bend, Kenosha and Wauwatosa.

Click here to submit a Case or Question.

Homeowner, Not Dog Owner, Responsible For Dog Bite December 3, 2008

Posted by Attorney Jonathan Groth in Dog Attack Information, FAQ Personal Injury.
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Wisconsin’s Court of Appeals held today that a homeowner whose friend lived with him for four months before the attack was responsible for the damages caused by the dog.  The Oshkosh Northwestern reported:

The dog bite statute holds persons who “own, harbor or keep” a dog strictly liable for any damages the dog causes.  A statutory keeper may be simultaneously liable with an owner.  The trial court concluded that at the moment of injury, the dog’s legal owner had control of the dog and, therefore, Seefeldt was not a statutory keeper under § 174.02.  We reverse the trial court’s ruling. 

The dog was one of 4 dogs at the residence.  The dog ran out of the front door, charged across the street and bit the victim three times causing 16 puncture wounds.

There was a dissent.  Judge Snyder argued:

That dog bite cases are decided on their particular facts and Seefeldt had relinquished her limited “keeper” status when Waterman ran after his dog.

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West AllisSheboygan,  Plymouth,  and  Germantown.

If you’d like to submit a question or case please complete a case submission form.

Talk to Your Personal Injury Attorney Before You Sign the Retainer November 18, 2008

Posted by Attorney Jonathan Groth in Dog Attack Information, Drunk Driving, FAQ Personal Injury, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
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The PersonalInjuryLawyerMichiganBlog.com has a good post about talking with your soon-to-be personal injury lawyer.   According to this blog here are a few things to watch for:

  • Fees. How much is the lawyer going to take of the settlement? It shouldn’t be an excessive amount.
  • Honesty. Do you get a sense he is over inflating your potential award settlement or chance of winning to get you as a client? Like the saying goes, if sounds good to be true if probably is. That’s not to say that you don’t have a good case, but an experienced lawyer knows that most companies won’t sit quietly by as you sue them. He or she should let you know honestly what to expect.
  • Quality. Does your lawyer answer all your questions so that you understand them or do you feel rushed through? You want to work with someone who is willing to get all the details and to work with you to get what you deserve. You don’t want a lawyer with a thousand clients, giving a half effort because he’s happy if a few of the lawsuits get paid.

Believe me, if you go to your initial meeting with a personal injury attorney with a list of questions and a trusted friend or family member in tow it will be a good/productive meeting.  I see it as refreshing not insulting. 

Hiring a personal injury attorney is a big decision.  Be sure to google search the attorney.  Look up their rating, cases and lawyers in the office or office share. 

The more information the better.

www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Shawano, Algoma, Kenosha and Wauwatosa.

Click here to submit a Case or Question.

Take Responsibility Dog Owners! November 6, 2008

Posted by Attorney Jonathan Groth in Dog Attack Information.
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The Manitowoc Herald Times Reporter noted a frustrating story about a dog bite victim.  A Keil woman was attacked by a dog.  It appears that, at first, she didn’t realize that the dog broke her skin.  The dog’s owners left the scene and didn’t give any identifiable information.  Soon thereafter the victim noticed that the dog broke her skin.  She went to the hospital and was told that because no one knew whether the dogs were up on all of their shots she would have to undergo rabies vaccination shots. 

This is just another example of a victim of a dog bite having to undergo potentially unnecessary medical care.   The victim may have to worry about having rabies, the pain of the shots not to mention the time away from work and her family.   There isn’t an update so I don’t know whether they ever found the dog owners.

Wouldn’t it just be easier if the dog owner stuck around and gave the victim her information?  No matter how small the bite seems at first why not just exchange information?  If the dogs don’t have rabies then all this would not have to happen.

www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Racine, Wauwatosa, New Berlin and Manitowoc.

Happy Pit Bull Awareness Day October 24, 2008

Posted by Attorney Jonathan Groth in Dog Attack Information.
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Yes, the day has finally arrived!  Tomorrow is Pit Bull Awareness day. 

Celebrate responsibly.

http://www.jonpgroth.com