Dog bites are a common issue in Michigan, with thousands of people injured each year by dogs across the state. Whether in public spaces or on private property, dog bites can result in serious injuries, including deep wounds, infections, and emotional trauma. These incidents can affect not only the victims but also the dog owners, who may face legal consequences if their pets cause harm.

Michigan has specific dog bite laws that are designed to protect victims and hold dog owners accountable for the actions of their animals. These laws ensure that individuals who are injured by a dog bite can seek compensation for their injuries, even if the dog has never shown aggressive behavior before. Understanding these laws is crucial for both dog bite victims and dog owners, as they define the rights and responsibilities involved in such cases.

Michigan’s Dog Bite Law

Strict Liability Law

Michigan follows a strict liability rule when it comes to dog bites, meaning that a dog owner is automatically liable for any injuries caused by their dog, regardless of whether the dog has a history of aggression or biting. Under Michigan law, a dog does not need to have shown prior dangerous behavior for the owner to be held responsible. This strict liability standard ensures that dog owners are accountable from the very first incident, helping to protect victims and reduce the chances of repeated attacks.

Key Conditions

While Michigan’s strict liability law holds owners accountable, there are specific conditions that must be met for the law to apply:

• Lawful presence: The victim must have been lawfully on the property where the bite occurred. For example, if the victim was invited or conducting business on the property, the law would apply. However, if the victim was trespassing or engaging in illegal activity, the dog owner may not be held liable.
• No provocation: The victim must not have provoked the dog in any way. Provocation can include actions such as teasing, hitting, or otherwise aggravating the dog. If the owner can prove that the victim provoked the dog, the owner may be relieved of liability.

Applicability

Michigan’s dog bite law is comprehensive in that the strict liability rule applies regardless of the dog’s prior behavior or the owner’s knowledge of the dog’s temperament. Even if the dog has never shown aggression before, the owner can still be held responsible for any injuries caused by a bite. This contrasts with the "one-bite rule" used in some other states, where an owner may not be liable for the first instance of a dog biting someone.

In Michigan, this strict approach is designed to protect the public and ensure that dog owners are always vigilant about controlling their pets.

Defining Owner Liability

What Constitutes Owner Liability

Under Michigan’s strict liability dog bite law, liability is automatically established if certain conditions are met. An owner is considered liable if their dog bites someone, regardless of whether the dog has previously displayed any signs of aggression. In other words, even if the dog has never bitten anyone before or has a calm temperament, the owner can still be held responsible for any injuries caused by a bite.

This liability applies as long as:

• The victim was lawfully on the property where the bite occurred (such as a guest, postal worker, or customer).
• The victim did not provoke the dog in a way that would cause a reasonable dog to react defensively.

The strict liability standard means that the dog’s history of behavior is irrelevant; the fact that the dog bit someone is enough to hold the owner responsible for damages, which can include medical expenses, lost wages, and pain and suffering.

Exceptions to Owner Liability

While Michigan’s dog bite laws hold owners strictly liable, there are some exceptions where an owner may not be held responsible for a dog bite. These include:

• Trespassing: If the victim was trespassing at the time of the bite, the dog owner may not be liable. The law protects dog owners from being held responsible if the person bitten was on the property without permission or a lawful reason.
• Provocation: If the victim provoked the dog, the owner may be relieved of liability. Provocation includes actions like teasing, hitting, or otherwise antagonizing the dog in a way that would reasonably cause it to bite. The burden is on the dog owner to prove that the victim’s actions provoked the attack.
• Breaking the law: In some cases, if the victim was breaking the law at the time of the bite, such as committing a crime or engaging in illegal activity, the dog owner may not be held liable. For example, if a person is attempting to break into a home and is bitten by the homeowner’s dog, the homeowner is generally not liable.

Common Defenses in Dog Bite Cases

Provocation

One of the most common defenses in dog bite cases is provocation. Under Michigan law, provocation is defined as any action that would reasonably cause a dog to react defensively or aggressively. This can include behaviors such as:

• Teasing or tormenting the dog.
• Physically attacking the dog or causing it pain.
• Harassing or aggravating the dog in any way.

If the dog owner can demonstrate that the victim provoked the dog, they may be relieved of liability. The burden is on the dog owner to prove that the provocation directly caused the dog to bite. For instance, if a child pulled the dog’s tail or a person hit the dog, the owner might successfully argue that these actions led to the bite. Michigan law recognizes that dogs, like people, may act out in self-defense when provoked.

Trespassing

Another defense available to dog owners is if the victim was trespassing at the time of the bite. Michigan’s strict liability law only applies if the victim was lawfully on the property where the incident occurred. If a person is on the property without permission or a legal right, the dog owner may not be held liable for the bite.

For example, if a dog bites a person who entered a fenced yard without the owner’s knowledge or consent, the owner could argue that the victim was trespassing and is not entitled to compensation. Similarly, someone who ignores “No Trespassing” or “Beware of Dog” signs may have a weaker claim under Michigan law.

Breaking the Law

The final common defense involves situations where the victim was engaging in illegal activity at the time of the bite. Michigan law generally does not hold dog owners liable if the victim was breaking the law. Examples include:

• Committing a crime: If someone is attempting to burglarize a home or engage in another criminal act and is bitten by the homeowner’s dog, the owner may not be responsible for the injuries.
• Unlawful entry: If the victim unlawfully entered the property or ignored posted warnings, the owner may claim this as a defense.

This defense is based on the idea that individuals breaking the law should not benefit from protections afforded to lawful visitors. Dog owners can raise this defense to avoid liability, provided they can show that the victim’s illegal actions contributed to the bite incident.

Damages and Compensation for Dog Bite Victims

Types of Damages Available

Dog bite victims in Michigan can seek several types of damages, which may include:

• Medical expenses: One of the primary forms of compensation is for medical costs. Victims may pursue compensation for:
  • Emergency treatment immediately after the bite, including any necessary ambulance services or ER visits.
  • Surgical procedures required to repair severe wounds or damage caused by the bite.
  • Ongoing medical care, such as physical therapy or follow-up doctor’s appointments.
  • Medication and rehabilitation costs to aid in recovery.
• Lost wages: If the dog bite forces a victim to miss work during recovery, they may be entitled to compensation for lost wages. This can include pay for the time taken off work for treatment, recovery, and any future inability to work if the injury causes long-term disability.
• Pain and suffering: Beyond the physical injuries, dog bite victims may experience significant emotional and psychological trauma. This can include fear, anxiety, and mental distress caused by the incident. Victims can seek compensation for these non-economic damages, which are harder to quantify but just as impactful on their well-being.
• Permanent disfigurement: In cases where the bite results in permanent scars, nerve damage, or disabilities, victims can seek compensation for disfigurement and the long-term physical and emotional consequences of these injuries. This may include the cost of reconstructive surgeries and compensation for the change in quality of life.

Pursuing Compensation

Victims of dog bites can pursue compensation through a variety of legal avenues. Two primary methods include filing a claim against the dog owner’s insurance or pursuing a personal injury lawsuit.

• Homeowner’s insurance claims: Many dog owners’ homeowner’s insurance policies provide coverage for dog bite injuries. Victims can file a claim directly with the dog owner’s insurance company to seek compensation for their injuries. This process often involves submitting evidence, such as medical records and documentation of the incident, to prove the extent of the injuries and justify the compensation sought.
• Personal injury lawsuit: If the insurance company denies the claim or offers an inadequate settlement, the victim may choose to file a personal injury lawsuit against the dog owner. In a lawsuit, the victim must demonstrate that the dog owner is liable under Michigan’s strict liability laws and present evidence of the damages sustained. An experienced attorney can help navigate the legal process and advocate for the maximum compensation.

Victims should act quickly, as Michigan has a statute of limitations on personal injury claims, which typically requires a lawsuit to be filed within three years of the date of the bite. Failing to file within this time frame may result in the victim losing the right to pursue compensation.

Understanding Your Rights After a Dog Bite

If you or a loved one has been bitten by a dog, it’s essential to seek legal guidance to ensure your rights are protected and you receive the compensation you deserve. Dog bites can lead to serious physical and emotional injuries, and navigating the legal complexities of liability and insurance claims can be overwhelming. Working with an experienced attorney will help you secure the compensation needed for medical bills, lost wages, and the pain and suffering caused by the attack.

At Marko Law, we have extensive experience handling dog bite cases and are committed to fighting for the rights of victims. Our attorneys understand Michigan’s dog bite laws and will work tirelessly to ensure that responsible parties are held accountable.

If you or someone you know has been injured by a dog, Marko Law is here to help. Contact us today for a free case evaluation, and let our experienced attorneys fight to secure the compensation you deserve.

Contact Information:

Phone: 1-833-MARKO-LAW or 1-313-777-7LAW
Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
Website: www.markolaw.com‍