Can a Landlord Be Held Responsible for a Dog Bite in Michigan?
Dog bites can cause serious injuries, leading to medical expenses, lost wages, and long-term physical and emotional trauma. Michigan has strict laws regarding dog owner liability, but determining whether a landlord can also be held responsible depends on several factors. While landlords do not automatically bear responsibility for a tenant’s dog, there are situations where they may be liable for injuries caused by a tenant’s pet. We help individuals understand their rights and determine whether a landlord’s negligence played a role in a dog bite case.
Michigan’s Strict Liability Dog Bite Law
Michigan follows a strict liability rule for dog bite cases under MCL 287.351. This law states that a dog owner is liable for injuries caused by their dog if:
- The victim was bitten.
- The victim was lawfully on public or private property.
- The victim did not provoke the dog.
Unlike some states that require proof of negligence or a history of aggression, Michigan law does not require the victim to prove that the owner knew the dog was dangerous. However, this statute applies to dog owners—not necessarily landlords.
When Can A Landlord Be Held Liable For A Tenant’s Dog?
A landlord is generally not responsible for a tenant’s dog unless specific circumstances apply. Michigan courts have ruled that landlords are not automatically liable for dog bites unless they have knowledge of the danger and control over the property. The following factors may determine whether a landlord can be held responsible:
Prior Knowledge Of The Dog’s Aggressive Behavior
If a landlord knew that a tenant’s dog had previously attacked or bitten someone, they might be held liable for failing to act. Courts will examine whether the landlord was aware of the dog’s history through complaints from other tenants, past incidents, or visible aggressive behavior. A landlord who ignores a known dangerous dog may be held responsible if the animal injures someone.
Control Over The Property
Landlords are responsible for maintaining common areas, such as hallways, parking lots, and sidewalks. If a dog bite occurs in an area controlled by the landlord, they may bear liability. For example, if a tenant’s dog roams freely in shared spaces despite lease restrictions, and the landlord fails to enforce those terms, they could be found negligent.
Violation Of Lease Terms
Many leases contain pet policies that restrict certain breeds or require tenants to follow specific rules regarding animals. If a landlord allows a tenant to keep a dangerous dog despite violating the lease, and that dog bites someone, the landlord may be liable for failing to enforce the lease agreement.
Failure To Remove A Dangerous Dog
If a landlord has the legal authority to remove a dangerous animal from the property but does not take action, they may be held responsible for resulting injuries. Courts consider whether the landlord had the right to evict the tenant or require the removal of the dog.
Legal Ramifications For Landlords In Dog Bite Cases
Landlords found liable for a dog bite may face financial responsibility for damages, including:
- Medical expenses for emergency treatment, surgeries, and ongoing care.
- Lost wages if the victim is unable to work due to injuries.
- Pain and suffering for emotional distress and long-term trauma.
- Punitive damages in cases where the landlord’s negligence was extreme.
Michigan law does not automatically place liability on landlords, but courts will assess whether they had prior knowledge of a dangerous dog and failed to act.
Time Limits For Filing A Dog Bite Claim In Michigan
Under MCL 600.5805, Michigan law requires dog bite victims to file a lawsuit within three years from the date of the injury. If a landlord is involved, the same statute of limitations applies. Waiting too long to take legal action can result in losing the right to seek compensation.
Frequently Asked Questions About Landlord Liability In Dog Bite Cases
Can A Landlord Be Held Responsible If A Tenant’s Dog Bites Someone?
A landlord may be liable if they knew the dog was dangerous and failed to take action. If the attack occurred in a common area controlled by the landlord, they could also be responsible. However, landlords are not automatically liable for a tenant’s dog.
What If A Landlord Allowed A Tenant To Keep A Dog That Violated Lease Rules?
If the lease specifically prohibited dogs or restricted certain breeds and the landlord allowed an exception, they could be responsible for injuries caused by that dog. Courts may view this as negligence, especially if the landlord knew the dog posed a risk.
Does A Landlord Have To Evict A Tenant With A Dangerous Dog?
A landlord is not required to evict a tenant simply for owning a dog, but if the animal has shown aggressive behavior or previously bitten someone, the landlord has a duty to protect others on the property. If the lease gives the landlord the authority to remove the dog and they fail to do so, they may be held liable.
What If A Dog Bite Happened In A Common Area Of An Apartment Complex?
If a dog bite occurs in a shared space, such as a hallway, elevator, or parking lot, and the landlord knows the dog is dangerous or fails to enforce leash rules, they may be responsible. Landlords must ensure that common areas remain safe for tenants and visitors.
Can A Landlord Be Liable If A Dog Attacks A Guest Or Delivery Worker?
Yes, if the landlord knew the dog posed a threat and failed to take reasonable action, they may be liable. Guests, delivery workers, and maintenance personnel legally on the property have a right to safety. If the landlord ignored complaints or prior incidents, they could bear responsibility for the injuries.
What Should I Do If I Was Bitten By A Dog On A Rental Property?
Seek medical attention immediately and document the injury. Report the incident to the property owner or manager and gather witness statements if possible. Taking photos of the location and the dog can also be helpful. Consulting an attorney ensures that legal rights are protected.
Does Michigan’s Strict Liability Dog Bite Law Apply To Landlords?
No, MCL 287.351 applies strictly to dog owners. Landlords are only liable if they know the dog is dangerous and have control over the situation but fail to act. This makes proving a landlord’s responsibility more complex than pursuing a claim against a dog owner.
How Can An Attorney Help With A Dog Bite Claim Against A Landlord?
An attorney gathers evidence, including lease agreements, complaints about the dog, and prior incidents, to build a case. Proving a landlord’s knowledge of a dangerous dog requires careful legal analysis. A lawyer also negotiates with insurance companies and files lawsuits if necessary to seek full compensation.
Is There A Deadline To File A Lawsuit Against A Landlord For A Dog Bite?
Yes, Michigan law requires personal injury lawsuits, including dog bite claims, to be filed within three years from the date of the injury. Failing to meet this deadline can result in losing the right to recover compensation.
Can A Landlord’s Insurance Cover Dog Bite Injuries?
Some landlord insurance policies cover dog bite injuries if the landlord is found liable. However, coverage depends on the specific policy and circumstances of the case. If the landlord was negligent, their insurance may provide compensation to the injured person.
Contact Our Detroit Dog Bite Injury Attorneys
Dog bites can cause lasting harm, and determining liability in cases involving landlords requires a thorough legal evaluation. If you were bitten by a dog on a rental property, it is important to understand your rights and explore your legal options. Our team fights to hold negligent landlords accountable when their failure to act leads to serious injuries.
If you or a loved one has been injured by a dog in Michigan, contact our Detroit dog bite attorneys at Ravid & Associates, P.C. by calling (248) 948-9696 to receive your free consultation. We represent clients in Detroit and throughout Michigan from our office in Southfield. Let us help you seek the compensation you deserve.
