Key Takeaways
- A dog bite can be a traumatizing incident that causes physical injury, pain and suffering, and emotional turmoil.
- Victims of dog bites can pursue compensation through an injury claim to cover their economic and non-economic damages.
- The dog bite victim must show they were lawfully or otherwise allowed to be on the property where the incident happened.
- An experienced Michigan dog bite lawyer can help build a strong case to show the victim was not at fault for their injury.
Dog owners in Michigan must be acutely aware of the legal implications when their pet is involved in a biting incident. Beyond the immediate concern for the injured party, owners must consider potential medical costs, possible legal claims, and the stringent Michigan dog bite laws that could dictate their pet’s future.
Michigan Dog Bite Laws
Michigan’s dog bite statute (MCL 287.351) outlines the law regarding dog bites. To potentially receive any compensation from a dog owner, the dog bite victim must provide proof the injury was due to a dog bite, the victim did not provoke the dog, and the injured party must demonstrate they were lawfully on private property with the owner’s knowledge or public property at the time of the bite.
What Constitutes Lawfully Being On Someone Else’s Property
An individual is lawfully on private property if they are invited to visit as a guest or are on the property to perform a duty, such as making repairs, performing contract work, or making deliveries.
Does Michigan Have a One-Bite Rule for Dogs?
Some states have a “one-bite rule” for dogs, which essentially gives an owner a “one bite free” pass (depending on circumstances). Michigan is not one of these states. Instead, Michigan uses a strict liability law that covers dog bites. This means the dog’s owner is responsible in any case where a bite victim was not trespassing or provoking the animal. It does not matter if the dog owner knew their dog was dangerous or if they could have taken steps to prevent it from attacking.
There are two theories of liability in the state of Michigan. The first is statutory and implies a dog owner is liable for the first bite as long as the victim was lawfully on the property and did not provoke the canine. The second stems from Michigan’s common law. It includes negligence and liability, indicating the victim only needs to prove the dog’s owner knew or should have known the dog possesses an inclination to bite.
What Are Michigan’s Leash Laws?
Michigan state law requires all dog owners to leash, collar, and tag their dogs in public once the canine is six months old. The only exception is if the dog is involved in a training activity. Unfortunately, many ignore these laws and let their dogs run freely in public places. Owners who do not follow leashing laws may be responsible for any injuries another person suffers and may be named in a Michigan dog bite lawsuit.
Are Dog Owners Always Liable for Bites in Michigan, or Are There Exceptions?
In Michigan, a dog owner is strictly liable for injuries if their dog bites someone; this law has a few exceptions.
- The victim was trespassing on the property
- The victim provoked the dog in a manner that caused the pet to react; this includes teasing, hitting, poking, or antagonizing the dog in any manner
- The victim was breaking the law by engaging in illegal activity or breaking a law, such as committing a burglary
Strict Liability for Owners
Some states consider liability in terms of negligence or strict liability. Michigan views dog bite cases as based on “strict liability.” This means the dog owner cannot avoid liability by claiming they were not warned their dog was dangerous or likely to bite.
The owner is still liable even if the dog has no history of biting or has not previously exhibited aggressive behavior. Alternatively, even if the owner knew their dog was aggressive and took steps to prevent a bite injury, they are still liable if one occurs.
Most Michigan “Strict Liability” Dog-Bite Laws Exclude Injuries to Trespassers
A trespasser is someone who enters a property without an owner’s permission or enters the premises legally to perform an illegal act.
If a dog bites you while trespassing on the property, you could be ineligible for compensation for your injury. In other words, if you are determined to have been trespassing, the owner will not be held liable for your injury.
Additionally, if you had teased or provoked the dog in any manner, this could prevent you from obtaining compensation.
What is Considered a Provocation in a Dog Bite?
Michigan defines the word “provoke” as an action or activity, intentional or unintentional, that would cause a dog to react in a way similar to that shown by the injured person’s evidence. Examples would be pulling a dog’s tail, teasing it, stepping on it, or other actions that would incite or encourage a dog to bite.
Possible Criminal Penalties for Owners of Dangerous Dogs in Michigan
Aside from owner liability for a dog bite, Michigan law states owners may be liable for crimes under certain circumstances. Furthermore, if their dog is deemed as “dangerous,” they may be mandated to take steps to protect the public from their dog.
Potential criminal penalties include:
- A misdemeanor for a future bite that causes minor injuries to a bite victim
- Owners who know their dog is dangerous and severely injures or kills someone may face felony charges, which can come with a prison sentence and a hefty fine
- Owners who disobey a court order regarding their pet can be charged with a misdemeanor, be given a fine, or be ordered to serve a short jail term
If a dog is deemed dangerous because it is highly likely to hurt someone in the future, the court can order its euthanization. The owner has the right to argue on behalf of their dog, and the court will rule on what will happen to the dog based on the evidence provided.
Dog Bites Involving Children
When a dog bites a child, it may cause more significant damage. In most cases, a dog owner will likely try to say the child provoked their dog. In this case, having eyewitnesses and knowing the child’s location will prove very important to your case.
Compensation you can pursue on behalf of your child includes money to pay for medical expenses, pain and suffering, and psychological trauma to your child. It is common for people, particularly children, to suffer severe fear of dogs after surviving a dog bite or attack. A fair settlement will include compensation for the lasting psychological impact of the attack.
What to Do If You Are Bitten By a Dog in Michigan
If you experience a dog bite in Michigan, the first thing you should do is get away from the dog and seek immediate medical attention to prevent infection of your wounds. Obtaining a medical exam from a physician also reduces other risks or complications from secondary injuries. This also creates documentation of the dog bite, which will prove to be extremely important down the road.
Immediate Actions to Take After a Dog Bite
- seek immediate medical attention
- Obtain a medical exam from a physician
- Create documentation of the dog bite and related injuries
Other Actions to Take:
- Call the police to report the dog bite and prepare to give as many details as possible so it is officially on record.
- Call animal control and give them the same information you provided to the police.
- Obtain the names and contact information of any eyewitnesses. Their testimony will confirm what happened.
- Seek legal guidance from a personal injury attorney.
We advise dog bite victims to seek legal help from a personal injury lawyer as soon as possible. Dog bites can be a serious injury depending on the bite’s location and the dog’s strength, and dog bite victims deserve adequate compensation for those injuries.
Why Work with Matz Injury Law For Your Dog Bite Claim
Matz Injury Law has been representing Michigan’s injured since 1977. Clients often choose to work with our caring and compassionate attorneys because they know they can count on us.
Should you select Matz Injury Law to represent you in a Michigan dog bite case or other type of personal injury case, you can expect to receive clear and frequent communication, consistent updates on your case, and full transparency. You can also expect to get to know your attorney personally because you won’t be handed off to an assistant.
If you have questions or other concerns, just give us a call. You’ll quickly realize the difference between Matz Injury Law and other personal injury law firms. We are also a lower-fee personal injury firm. Most law firms collect a 33 percent contingency fee on any settlement awarded, while Matz’s fee is just 22 percent.
Client Testimonials
“Jared Matz of Matz Injury Law is an excellent attorney. He is very knowledgeable and I would highly recommend him to anyone needing assistance in matters of law. He goes above and beyond for his clients and has wonderful caring attitude.” – Carl R.
“What a great crew at Matz Injury Law! Steve, Jared, Diane, and Kristina are top notch professionals and awesome individuals as well. Highly recommended!!!!” – Mitchell O.
“I have used Matz Injury Law over the years and they are the most honest and trustworthy attorneys I have ever used. They go above and beyond for their clients. I would recommend them to anyone.” – David L.
Know Who to Hold Liable After a Dog Bite in Michigan
The aftermath of a dog bite can be traumatic for victims and their family members. If you, your child, or another loved one suffered a dog bite in Michigan, Matz Injury Law understands the trepidation you face and is here to help you through this difficult time. We will help you with your dog bite case and advocate for your best interests while keeping you from missing any statute of limitations for filing a dog bite injury lawsuit.
Our experienced Michigan law firm is fully committed to helping dog bite victims recover compensation for their injuries, pain and suffering, medical bills, lost wages, disfigurement, and other damages. You have suffered enough after experiencing a traumatic dog attack, and you should not also be saddled with high medical costs and other losses.
If you want someone with experience in personal injury cases to support and advocate for you, call Matz Injury Law today at 1-866-22Not33. We are happy to provide you with a free case evaluation. For your convenience, you can also reach our personal injury attorneys through our online contact form to schedule a consultation.
Frequently Asked Questions
In Michigan, the statute of limitations for a dog bite lawsuit is three years. However, this timeframe is not as long as it sounds. Contacting a Michigan personal injury lawyer as soon as possible is a good idea because it takes time to build a strong case.
To successfully prove a dog bite claim in Michigan, the victim will need to be prepared to demonstrate their injury was caused by the dog bite, confirm they did not provoke or antagonize the dog, and prove that they were either a) lawfully on private property or b) in a public location.
Under Michigan law, victims of dog bites might pursue compensation to cover medical bills and, in some instances, additional damages for emotional distress or long-term care requirements. The social implications, from community perceptions to strained relations, further complicate the situation. In the most severe instances, a dog’s future may be questioned based on the severity of the incident.
Given these complexities, a dog owner whose dog bit you will likely consult with legal counsel. If you were bitten by a dog, knowing who is liable is crucial if you plan to file a claim. An experienced Michigan dog bite attorney can provide you with the necessary guidance through your legal journey. Contact the compassionate attorneys at Matz Injury Law today at 1-866-22Not33 for a free consultation.
In Michigan, strict liability does not apply to trespassers. This means the dog’s owner will not be at fault if someone is bitten while trespassing on the owner’s property. In other words, you cannot pursue compensation for your injuries if you were unlawfully on the dog owner’s property or entered the property intending to commit a crime.
It is common for dog owners to try to dispute their liability in a dog bite incident. They may present the following potential defenses to avoid financial responsibility for the bite.
- The owner claims their dog was provoked by the person who was subsequently bitten.
- The person was trespassing on the owner’s property when they were bitten.
It is important to know that if owners cannot prove the bite victim was entirely responsible for the incident, they may try to claim the victim was partially responsible for the bite. In Michigan, if the dog owner successfully proves the victim contributed to the bite incident, the victim’s compensation can be reduced by the percentage they are given fault.
For example, if the victim is found to be 30 percent responsible for the incident and the amount awarded is $10,000, this amount will be reduced by $3,000.
Due to Michigan’s strict liability rules regarding dog bite laws, you may want to consider adding your dog to your renter’s or homeowner’s policy. Obtaining coverage from an insurance company will help reduce out-of-pocket financial liability should an incident with your dog occur that leads to injury. If your dog tends to be vicious, you want to be covered in case someone someday brings a dog bite claim against you. You want to protect yourself, just in case.
