How Michigan’s Strict Liability Law Protects Victims Of Dog Bites
Dog bites can cause serious physical and emotional injuries, leaving victims with medical expenses, permanent scarring, and psychological trauma. Michigan law provides strong legal protections for victims of dog attacks through strict liability statutes, meaning dog owners are held responsible for bites even if the dog has never bitten before. This differs from states that follow the “one bite rule,” which requires proof that the owner knew the dog had a history of aggression.
Under Michigan Compiled Laws (MCL) 287.351, a dog owner is automatically liable when their dog bites someone, as long as the victim was lawfully present and did not provoke the animal. Because of this strict liability standard, victims do not need to prove the owner was negligent. Understanding how this law works is essential for those seeking compensation after an attack.
Understanding Michigan’s Strict Liability Law For Dog Bites
Michigan’s dog bite statute states that a dog owner is liable for injuries caused by a bite when:
- The victim was lawfully present on public or private property
- The victim did not provoke the dog
- The bite caused physical harm
Unlike negligence-based claims, Michigan law does not require victims to prove the owner was aware of the dog’s aggressive tendencies. This means that even if a dog had never shown signs of aggression before, the owner is still responsible for a bite.
Exceptions To Strict Liability
While Michigan’s strict liability law is clear, there are some exceptions. Dog owners may not be held responsible if:
- The victim provoked the dog – If the injured person teased, hit, or otherwise provoked the animal, the owner may not be liable.
- The victim was trespassing – Strict liability applies only when the bite happens on public property or private property where the victim was lawfully present.
- The person bitten was committing a crime – If someone was breaking the law when the bite occurred, the owner may not be liable.
Compensation Available To Dog Bite Victims
Under Michigan law, victims of dog bites can recover damages for medical bills, lost wages, pain and suffering, and permanent scarring or disfigurement. Depending on the severity of the injury, compensation may include:
- Medical expenses – Emergency care, surgeries, medications, and follow-up treatment
- Lost wages – If the injury prevents the victim from working
- Pain and suffering – Emotional distress, trauma, and long-term psychological effects
- Disfigurement – Scarring, nerve damage, or other permanent physical effects
In severe cases, a victim may be able to pursue punitive damages if the dog’s owner acted recklessly, such as by violating leash laws or ignoring previous aggressive behavior.
How To Prove A Dog Bite Claim Under Michigan Law
Because Michigan follows strict liability, proving a dog bite case requires only a few key elements:
- The victim was lawfully present – This means they were on public property or legally on private property, such as a guest at someone’s home.
- The dog bit the victim – There must be clear evidence that a bite occurred. This is usually established through medical records, witness statements, and photographs of the injuries.
- The victim did not provoke the dog – If the defendant claims provocation, it may require additional evidence, such as video footage or testimony from witnesses.
Once these elements are proven, the dog owner is legally responsible for damages.
Steps To Take After A Dog Bite Injury
If you are bitten by a dog, taking the right steps immediately after the attack can help protect your health and legal rights.
1. Seek Medical Treatment
Dog bites can cause serious infections, nerve damage, and permanent scarring. Seeking medical care is critical, even for minor injuries.
2. Identify The Dog And Owner
Get the owner’s contact information and verify whether the dog is up to date on vaccinations, including rabies shots.
3. Report The Bite To Animal Control
Filing a formal report with local animal control or law enforcement helps create a record of the incident, which can be useful in legal claims.
4. Document The Injury
Take photos of your injuries, torn clothing, and the location of the attack. If there were witnesses, collect their names and contact information.
5. Contact Our Dog Bite Attorneys
Even though Michigan law provides strong protections for victims, insurance companies often try to deny claims or minimize payouts. An attorney can ensure you receive the full compensation you deserve.
Frequently Asked Questions
What If The Dog Did Not Bite Me But Still Caused An Injury?
Michigan’s strict liability law applies specifically to dog bites, but victims may still pursue a negligence claim if a dog knocks them down, scratches them, or causes an injury without biting. These cases require proof that the owner failed to control the animal.
Can I File A Lawsuit If The Dog Bit My Child?
Yes. Children are often victims of dog attacks, and Michigan law protects them just as it does adults. In fact, injuries to minors may result in higher compensation due to the long-term emotional and physical impact. Parents can file a claim on their child’s behalf.
What If The Dog Bite Happened On Private Property?
As long as you were lawfully on the property, such as a guest, delivery worker, or tenant, you can pursue a claim against the dog’s owner. However, trespassers do not have the same legal protections.
What If The Dog Owner Claims I Provoked The Dog?
The burden of proof is on the dog owner to show that provocation occurred. If you did not tease, hit, or threaten the dog, you can still hold the owner responsible under Michigan’s strict liability law.
How Long Do I Have To File A Dog Bite Claim In Michigan?
Under Michigan Compiled Laws (MCL 600.5805), victims have three years from the date of the bite to file a lawsuit. If the victim is a minor, the deadline may be extended.
Can I Sue If The Dog Owner Has No Insurance?
Yes. If the owner does not have homeowner’s or renter’s insurance, you may still file a lawsuit to recover compensation. An attorney can help explore all available legal options.
Do I Need A Lawyer To File A Dog Bite Claim?
While it is not legally required, having an attorney greatly improves your chances of receiving full compensation. Insurance companies often try to reduce payouts, and an experienced lawyer can fight for your rights.
Call Ravid & Associates, P.C. For Help With Your Detroit Dog Bite Case
If you or a loved one has suffered a dog bite injury in Michigan, our attorneys at Ravid & Associates, P.C. are here to help. We have extensive experience handling personal injury claims and will work tirelessly to 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. Our offices in Southfield, Michigan, serve clients in Detroit and throughout the entire state. Let us help you secure the compensation you deserve.
