Erdmann v. Progressive Northern Insurance
2011 WI App 33
Wis. Ct. App.2011Background
- Erdmann, by guardian ad litem, sues for injuries from a dog bite at Jorgensen’s home, alleging strict liability under Wis. Stat. § 174.02(1) against Plamann (homeowners’ insurer Progressive).
- Progressive and Allstate move for summary judgment, arguing public policy bars liability for dog injuries in this context.
- Jorgensen testified Chase was sleeping or dormant when Erdmann was bitten; Erdmann was a visiting child under Jorgensen’s care.
- The circuit court granted summary judgment to both Progressive and Allstate, grounding it in public policy.
- The court of appeals reverses, finding no basis to bar liability or to treat Allstate as non-owner under the statute.
- The issue turns on whether judicial public policy bars the strict liability claim and whether Allstate’s insured qualifies as a statutory owner.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Public policy bar to strict liability | Public policy does not bar liability under §174.02. | Alwin and Fandrey foresee a public policy bar. | Public policy does not bar Erdmann’s strict liability claim here. |
| Allstate status as statutory owner | Jorgensen kept/harbored the dog, making Allstate not liable here only if not an owner. | Jorgensen qualifies as owner under §174.001(5) by harboring and keeping the dog. | Jorgensen kept and harbored Chase; she is an owner for §174.02 purposes. |
Key Cases Cited
- Alwin v. State Farm Fire & Cas. Co., 234 Wis. 2d 441 (2000 WI App 92) (sleeping dog doctrine; public policy limits liability for passive dogs)
- Fandrey v. American Fam. Mut. Ins. Co., 272 Wis. 2d 46 (2004 WI 62) (six public policy factors used to bar liability in dog injury cases)
- Pawlowski v. Am. Family Mut. Ins. Co., 322 Wis. 2d 21 (2009 WI 105) (owner's duty to restrain; liability under § 174.02 rests on ownership and causation)
- Behrendt v. Gulf Underwriters Ins. Co., 318 Wis. 2d 622 (2009 WI 71) (public policy factors in dog-bite liability analysis)
- Padilla v. Bydalek, 203 N.W.2d 15 (1973) (historical consideration of public policy and jury role in policy questions)