Alwin v. State Farm Fire & Casualty Co.
Alwin v. State Farm Fire and Casualty Co., 610 N.W.2d 218 (Wis. Ct. App. 2000), was a case decided by the Wisconsin Court of Appeals that provided an exception to the statutory strict liability of dog owners for injuries caused by their dogs.[1]
| Alwin v. State Farm Fire and Casualty Co. | |
|---|---|
| Court | Wisconsin Court of Appeals |
| Full case name | JoAnn R. Alwin and Walter F. Alwin v. State Farm Fire and Casualty Company |
| Decided | March 28, 2000 |
| Citations | 610 N.W.2d 218 (Wis. Ct. App. 2000) 234 Wis.2d 441 (2000) |
| Case history | |
| Subsequent action | 237 Wis.2d 253 (2000) (denied review) |
| Court membership | |
| Judges sitting | Thomas R. Cane Michael W. Hoover Gregory A. Peterson Raymond F. Thums |
| Case opinions | |
| Unanimous opinion by Cane | |
Decision
editThe plaintiff (the defendant's mother) tripped over the defendant's dog and sustained injuries. The Wisconsin civil code §174.02 holds dog owners strictly liable for all injuries caused by their dogs, and this theoretically allowed recovery in this case. The court, however, ruled that as a matter of public policy the defendant should not be held liable for someone tripping over their dog.[2]
Subsequent history
editReview was denied by the Wisconsin Supreme Court on May 23, 2000.[3]
Impact
editAlwin has been cited as an example of case-by-case consideration of tort claims that avoids inequitable results that might follow the blind application of strict formulations of liability.[4]
References
edit- ^ Henderson, J.A. et al. The Torts Process, Seventh Edition. Aspen Publishers, New York, NY: 2007, p. 426
- ^ Henderson, p. 427
- ^ Alwin v. State Farm Fire and Casualty Co., 237 Wis.2d 253 (2000)
- ^ "Hicks v. Nunnery, 643 N.W.2d 809, P. 86 (Wis. Ct. App. 2002) (Dykman, J., dissenting)". Archived from the original on July 16, 2011. Retrieved July 14, 2010.