Dog Bite Injuries And Michigan’s ‘Strict Liability’ Statute
Dog attacks are devastating, leaving victims with physical wounds, emotional trauma, and financial stress. When a dog attack occurs, it’s important to understand the legal options available for seeking compensation. Michigan has a “strict liability” law for dog bite cases, meaning that dog owners can be held liable when their dog bites someone under certain conditions. We will now explain how Michigan’s strict liability statute works, the rights of victims, and what steps to take following a dog attack.
What Is Michigan’s Strict Liability Statute For Dog Bites?
Michigan’s strict liability statute is outlined in MCL 287.351. Under this law, a dog owner can be held liable if their dog bites someone who was lawfully present on public or private property, regardless of whether the dog has shown previous aggression or if the owner had reason to believe the dog was dangerous.
The law specifically states that if a person is bitten without provocation, the owner is liable for the victim’s injuries. This means a victim does not have to prove the owner was negligent or that the dog had a history of aggression. If the victim was legally on the property and the bite occurred without provocation, liability can be established.
Key Elements Required To Prove A Dog Bite Claim In Michigan
To succeed in a dog bite injury claim under Michigan law, the following elements must be established:
- The Defendant Owned The Dog – Liability only applies to the actual owner of the dog.
- The Victim Was Lawfully On The Property – The victim must have been on the property legally, such as a guest, postal worker, or someone with permission. Trespassers may be excluded from protection.
- The Bite Occurred Without Provocation – If the victim provoked the dog, the owner may have a defense against the claim.
When these elements are met, Michigan’s strict liability statute holds the owner financially responsible for the victim’s damages.
Types Of Compensation Available For Dog Bite Victims
Victims of dog attacks in Michigan may be entitled to compensation for a range of damages, including:
- Medical Expenses – Emergency medical treatment, surgeries, medication, and ongoing medical care.
- Lost Wages – Income lost during recovery from the injury.
- Pain And Suffering – Emotional distress, trauma, and physical pain caused by the attack.
- Disfigurement And Scarring – Permanent scarring or disfigurement from the bite.
- Rehabilitation Costs – Physical therapy and counseling services for recovery.
In some cases, punitive damages may also be pursued if the owner’s behavior was particularly reckless.
Defenses Dog Owners May Raise Under Michigan Law
While Michigan’s strict liability statute favors victims, there are some defenses dog owners may raise, including:
- Provocation – If the victim provoked the dog, the owner may not be held liable.
- Trespassing – The law protects victims who were lawfully present, so trespassers may not be eligible for compensation.
- Assumption Of Risk – If the victim knowingly engaged with a dangerous animal despite being warned, it could affect the claim.
These defenses can complicate a dog bite case, making legal representation critical for victims seeking justice.
Steps To Take After A Dog Bite Incident In Michigan
If a dog bite occurs, taking the following steps can help protect your legal rights:
- Seek Immediate Medical Care – Treat injuries promptly to prevent infection and complications.
- Document The Attack – Take photos of the injuries, the location of the incident, and the dog involved.
- Identify The Dog Owner – Obtain the name and contact information of the owner and any witnesses.
- File A Report – Notify local animal control or law enforcement to document the attack.
- Consult A Personal Injury Lawyer – Legal guidance is essential for protecting your rights and pursuing full compensation.
Why Legal Representation Matters In Dog Bite Cases
Handling a dog bite claim without experienced legal representation is risky. As personal injury lawyers, we understand Michigan’s strict liability laws and how to hold dog owners accountable. Our role is to ensure victims receive the compensation they deserve while handling all legal complexities. We work to gather evidence, communicate with insurers, and, when necessary, take cases to court to fight for justice.
Frequently Asked Questions About Dog Bite Injuries In Michigan
What Should I Do If My Child Was Bitten By A Dog In Michigan?
If your child is bitten by a dog, seek medical attention immediately, even if the injuries appear minor. Children’s immune systems can be more vulnerable to infections, and dog bites often require professional treatment. It is important to document the injury with photos, identify the dog owner, and report the attack to animal control. Michigan’s strict liability statute allows you to pursue compensation for your child’s medical bills, emotional trauma, and other related damages. Consulting a personal injury lawyer can help ensure your child’s rights are fully protected.
Can I Sue If The Dog Had Never Bitten Anyone Before?
Yes, Michigan law allows you to sue the dog owner even if the dog has no prior history of aggression. The state’s strict liability statute, MCL 287.351, makes the owner liable regardless of the dog’s previous behavior as long as the victim was lawfully on the property and did not provoke the animal. No evidence of past attacks is necessary to file a successful claim.
Does Homeowners Insurance Cover Dog Bite Injuries?
In many cases, homeowners’ insurance policies do cover dog bite injuries. If the dog owner has an active policy, their insurance may cover medical bills, lost wages, and other damages resulting from the attack. However, some policies exclude coverage for certain breeds or situations. An attorney can review the details of the insurance policy to determine the best course of action for seeking compensation.
What If I Was Bitten By A Dog At Work?
If you were bitten by a dog while performing work duties, such as delivering mail or working as a contractor, you may have multiple avenues for compensation. Michigan law allows you to file a personal injury claim against the dog owner under the strict liability statute, while you may also be eligible for workers’ compensation benefits. Consulting a personal injury lawyer can help clarify your legal options.
How Long Do I Have To File A Dog Bite Lawsuit In Michigan?
Michigan imposes a three-year statute of limitations for filing personal injury lawsuits, including dog bite claims. This means you generally have three years from the date of the bite to pursue legal action. Failing to file within this timeframe can result in losing your right to seek compensation. Consulting an attorney as soon as possible can help ensure all deadlines are met.
Call Ravid & Associates, P.C. For Help With Michigan Dog Bite Cases
If you or a loved one has been injured in a dog bite incident in Michigan, we are here to help. At Ravid & Associates, P.C., our experienced personal injury lawyers are dedicated to protecting the rights of dog bite victims and ensuring they receive the compensation they deserve under Michigan law.
Let our team help you hold negligent dog owners accountable. Contact our Detroit dog bite attorneys at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. We represent clients in Detroit and throughout the entire state of Michigan from our offices in Southfield, Michigan.
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