Alwin v. State Farm Fire & Casualty Co.

Alwin v. State Farm Fire and Casualty Co.
CourtWisconsin Court of Appeals
Full case name JoAnn R. Alwin and Walter F. Alwin v. State Farm Fire and Casualty Company
DecidedMarch 28, 2000
Citations610 N.W.2d 218 (Wis. Ct. App. 2000)
234 Wis.2d 441 (2000)
Case history
Subsequent action237 Wis.2d 253 (2000) (denied review)
Court membership
Judges sittingThomas R. Cane
Michael W. Hoover
Gregory A. Peterson
Raymond F. Thums
Case opinions
Unanimous opinion by Cane

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]

Decision

The 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

Review was denied by the Wisconsin Supreme Court on May 23, 2000.[3]

Impact

Alwin 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

  1. ^ Henderson, J.A. et al. The Torts Process, Seventh Edition. Aspen Publishers, New York, NY: 2007, p. 426
  2. ^ Henderson, p. 427
  3. ^ Alwin v. State Farm Fire and Casualty Co., 237 Wis.2d 253 (2000)
  4. ^ "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.