Who Is Liable for A Dog Bite in Michigan?
Dog bites are traumatic events that can often lead to physical, emotional, and financial challenges for the victim. Determining who is liable for a dog bite in Michigan is a critical step in pursuing compensation for your injuries. However, understanding liability in dog bite cases can be complicated, especially during the aftermath of an injury.
At Ronald S. Weiss, Attorney & Counselor, we strive to help you understand Michigan's dog bite laws and hold the responsible party accountable. Michigan has distinctive rules regarding dog ownership and liability, and we are committed to helping you understand your rights under these regulations.
Below, we outline the key aspects of Michigan's dog bite statute, the exceptions to owner liability, and the steps you should take after a dog bite incident.
Michigan’s Strict Liability Law
Michigan is a "strict liability" state when it comes to dog bite cases. Under Michigan law, a dog owner is legally responsible for their pet's actions if their dog bites and injures someone. Specifically, the Michigan Dog Bite Statute (MCL 287.351) states that a dog owner is liable if their dog bites a person who is:
Lawfully on the property where the incident occurred, or
Not provoking the dog at the time of the attack
Due to this strict liability standard, the victim does not need to prove that the owner was negligent or that the dog had a history of aggression. The owner is automatically liable for their dog caused, as long as the above conditions are met.
This strict liability law is different from the "one-bite rule" followed in some other states, which gives owners a degree of forgiveness for a dog’s first bite if there had been no prior indications of aggression. Michigan’s approach is designed to hold dog owners accountable and protect the general public.
Exceptions to Owner Liability
While Michigan’s dog bite law imposes strict liability on owners, there are a few exceptions where the owner may not be held responsible. These exceptions include the following:
Provocation
If a dog bite occurred because the victim provoked the dog—whether intentionally or unintentionally—the owner might not be held liable. Some examples of provocation include hitting, taunting, or deliberately agitating the dog, leading to a dog bite.
Trespassing
Michigan law specifies that the victim must have been lawfully present on the property where the bite occurred. This means an individual who is trespassing or unlawfully entering private property cannot typically hold the dog’s owner liable if owner's dog bit them.
Police or Military Dogs
If the dog involved is a police or military service animal acting in the line of duty, special exemptions may apply. However, these cases can still be complicated, particularly if the service animal behaved outside the scope of its professional duties.
When it comes to determining liability, an experienced attorney can evaluate your case and help you better understand these nuances. At Ronald S. Weiss, Attorney & Counselor, we can help you determine whether an exception may apply in your case and guide you on the most appropriate legal strategy to take.
Responsibility Beyond the Dog Owner
While the dog owner is commonly viewed as the primary party liable under Michigan law, there are certain circumstances where others may share or assume liability for a dog bite incident. These parties may include the following:
Landlords or property owners: If a landlord knowingly allows a tenant to keep a dangerous dog on the premises, they could be held partially liable if the dog injures someone. This is especially true if the landlord fails to take action despite being aware of the risk.
Caretakers or handlers: Sometimes, someone other than the owner may be caring for or handling the dog at the time of the incident. While Michigan law primarily holds the owner responsible, secondary liability could be argued depending on the specifics of the case.
Liability in these scenarios can become complex, which is why it's important to consult an experienced dog bite attorney who can investigate your claim and advocate for the full compensation you deserve for your injury.
Steps to Take After a Dog Bite in Michigan
If you or someone you love has suffered injuries from a dog bite in Michigan, the steps you take in the aftermath can make a significant difference in your legal claim. Here are the most important actions we recommend taking:
Seek immediate medical attention: Dog bites can result in serious injuries, from puncture wounds and lacerations to infections like rabies and tetanus. Get seen by a licensed medical practitioner as soon as possible to receive the treatment you need and to create a medical record for your injury.
Document the incident: Collect as much evidence as possible, including photographs of your injuries, the location of the attack, and the dog involved. If there were witnesses, take down their contact information as their statements could be essential to your case.
Report the attack: Notify local animal control or law enforcement about the incident. This will create an official record of the attack, which can be useful if you pursue legal action and may help prevent future incidents involving the same dog.
Identify the dog and its owner: If possible, determine who owns the dog that bit you. This information can be critical for filing a claim and holding the appropriate party accountable.
Speak with an experienced attorney: Navigating Michigan’s dog bite laws can be challenging without professional legal guidance. Consult a skilled attorney who can help you explore your legal options and avoid common mistakes that could weaken your case.
Potential Compensation for Dog Bite Injuries
Victims of dog attacks may be eligible to recover compensation for a variety of damages related to the incident. Some common types of compensation may include:
Medical expenses: This includes emergency care, surgeries, physical therapy, and any ongoing treatments related to the injury.
Lost wages: If your injuries prevent you from working, you may be entitled to recover lost income. If the injury prevents you from returning to work, you may also be eligible for compensation for loss of earning capacity.
Pain and suffering: Dog bites can cause lasting physical and emotional trauma, and you may be able to seek compensation for your physical, mental and emotional distress.
Disfigurement or disability: Severe dog bites may result in scars or permanent physical limitations, which can significantly impact your quality of life.
At Ronald S. Weiss, Attorney & Counselor, we are committed to fighting for the maximum compensation available in your case and making sure the burden of your injuries is borne by the responsible parties.
Consult an Experienced Attorney Today
Michigan’s dog bite laws are designed to protect victims and hold dog owners accountable. However, understanding these laws can be overwhelming without skilled legal representation. At Ronald S. Weiss, Attorney & Counselor, we have extensive experience handling dog bite claims and advocating for the rights of our clients.
If you or a loved one has been injured in a dog bite incident, reach out to us today to schedule a free consultation. We will examine the details of your case, identify all liable parties, and help develop a strategy tailored to your needs. Located in West Bloomfield, Michigan, we serve clients throughout Ohio and Michigan. Contact us today to get started.