Dogs provide some of life’s most joyous moments. They offer comfort and unconditional love while providing companionship and entertainment, often helping us keep fit. However, it is always essential to remember that any dog has the potential to bite any person, depending on the situation – because, at any moment, a dog can choose to follow its animal instincts.
Dog bites can be painful, and about 1 in 5 people who have been bitten require medical attention (CDC). A dog bite can create a puncture wound, broken bones, nerve damage, emotional distress, and death.
Michigan Dog Bite Laws
Michigan authorities have set forth laws that seek to hold the owner of a dog strictly liable should their dog bite another person without provocation. If another individual’s dog has injured you or someone you know/love, it is essential to contact a qualified Michigan dog bite attorney. It’s important to determine if the incident has violated your rights, and if you are entitled to seek proper compensation for the injuries/damages you have experienced.
Michigan Law 287.351 provides the statutory grounds for the state’s strict dog bite liability laws. It sets forth the Michigan law as follows:
First, if the individual, while on public property (or lawfully on private property – which will include the dog owner’s property), is bitten by a dog without being provoked, the dog’s owner will be responsible/liable for the damages inflicted on the person bitten by the dog.
A key concept in Michigan’s law is “without provocation.” This is important because when a dog bites, a common defense by dog owners is to blame the victim. This defense also implies that had the dog not been provoked, then the victim would not have been bitten.
An injured victim can file a Michigan lawsuit and collect damages, even if the bite is the first time the dog has attacked. This is regardless of whether the dog’s owner had previous knowledge of the dog’s potential viciousness. In other words, a dog’s owner can be liable for the injuries even if this is the first time the dog bites someone, because the dog’s prior good behavior has no bearing on the strict liability laws of Michigan.
For the purposes of this act, a person is considered to be on the dog’s owner’s property lawfully if:
- The injured person is performing a task on the property, following regulations imposed by the state or country’s laws.
- The injured person has been invited (holds a license) by the owner/tenant for the purposes of completing a legal or lawful act on the property.
Three Components of a Michigan Dog Bite Case
To prove a Michigan dog bite lawsuit:
- The dog’s owner is the named defendant. Ownership is usually obvious but may be found using licensing/vaccination records or witnesses.
- The dog bit the victim. Documentation includes medical records, photos, and witness statements, etc.
- The dog bite caused the victim’s injuries. Documentation includes medical records, photos, and witness statements, etc.
