Wisconsin

Summary: Plaintiff, a passenger of a horse-drawn sled sued the owner of the property on which the accident occurred, as well as the owner of the horses and the sled for the injuries she suffered when thrown from the sled.   The Court of Appeals found that the equine immunity statute provided protection for the owner of the horse against tort liability.   The plain language of the statute provides that immunity from civil liability is available to all persons , “ including an equine activity sponsor or equine professional…”; thus, protection is not limited only to those who are sponsors or professionals, rather they are examples of types of people to whom the statute applies.

Summary: Police officer was injured by homeowner's dog and sued for damages.  The Supreme Court held that public policy does not dictate extending the firefighter's rule to the police officer, and therefore, that the officer could sue for injuries received as a result of the bite.  Reversed and remanded.

Summary: Pet owner could not recover damages for negligent infliction of emotional distress after a police officer shot her dog.  While the court recognized the bond between owner and pet, public policy prevented such recovery. However, under the proper circumstances, a person could recover for intentional infliction of emotional distress for the loss of a pet.

Summary: This appeal is by the Dog Federation of Wisconsin and others who contest a City of South Milwaukee ordinance that imposes restrictions on the ownership and keeping of “pit bulls.” The Federation claims that the “pit bull” aspects of the ordinance are facially invalid because:  the definition of “pit bull” is impermissibly vague; the ordinance is overbroad; and the ordinance violates their right to equal protection. The court found that reference to recognized breeds provides sufficient specifics to withstand a vagueness challenge. With regard to equal protection, the court held that the ordinance is founded on “substantial distinctions” between the breeds of dog covered by the ordinance and other breeds of dog. Moreover, the ordinance is “germane” to the underlying purpose of the ordinance to protect persons and animals from dangerous dogs. Finally, the ordinance applies equally to the affected class of persons owning or keeping pit bulls.

Summary: Pig breeder sought damages from feed manufacturer after pigs got sick, died, or became sterile after eating feed. The Court of Appeals held that jury should have been instructed that basic measure of damages for dead and injured livestock was based on market value of affected animals and did not include separate award for unborn litters.  Failure to give proper instruction was prejudicial error that required a new trial on the issue of damages.

Summary: Defendants Rory and Robby Kuenzi charged a herd of 30 to 40 deer with their snowmobiles, cruelly killing four by running them over, dragging them, and leaving one tied to a tree to die. The two men were charged with a Class I felony under Wisconsin § 951.02, which prohibits any person from “treat[ing] any animal ... in a cruel manner.” The Court concluded that the definition of “animal” included non-captive wild animals and rejected the defendants’ argument that they were engaged in “hunting.” The court reinstated the charges against the men.

Summary: Dog bite victim sued homeowners insurer.  Held:  courts may factor traditional public policy to bar a claim under the dog bite statute, and in this case, public policy precludes imposing liability on homeowners even though the dog bite statute appears to impose strict liability.

Summary: Motorist sued dog owner after he was injured in a car accident allegedly caused by dog. The Court of Appeals held that the “injury by dog” statute creates strict liability for any injury or damage caused by dog if owner was negligent (with public policy exceptions). Here, the dog owner was not strictly liable because he was not negligent when his dog escaped from its enclosure.

Summary: This set of administrative regulations from Wisconsin covers the conditions under which dogs must be kept by dog breeders (defined as any person who sells at least 25 dogs from more than 3 litters) and dog dealers. Dog sellers and dog facility operators are required to be licensed under the section. Per ATCP 16.18, a person licensed under this chapter may not transfer a dog to the buyer unless the dog is at least 7 weeks old, the dog is accompanied by its dam, or the department approves the transfer in writing. Minimum standards of care are outlined for licensees for dogs kept indoors or outdoors.

Summary: In this set of Wisconsin regulations, "wild animal” does not include a domestic animal identified in s. ATCP 10.02 (livestock, poultry, and other domestic animals). The majority of the regulations here concern disease detection, inoculation, and prevention in domestic herds. However, a person who imports an animal must comply with importing requirements including obtaining a permit under ATCP 10.07. Importation of specific species (dog, cats, exotic ruminants, camelids, elephants, etc.) are covered in 10.80 - 10.86.