Michigan Dog Bite Accident Attorneys
Our Michigan dog bite attorneys receive many questions about dog bites. Here are frequently asked questions about dog bite cases and dog bite attacks in Michigan.
In Michigan, there are special circumstances in which pet owners, especially dog owners, are liable for bites and injuries caused by their animals. Dog attacks can be a traumatic experience, especially for young children. All victims deserve to be compensated for their medical bills, scarring, and pain and suffering. The lawyers at the Lee Steinberg Law Firm are Michigan dog bite lawyer experts.
Our experienced team of Michigan dog bite accident lawyers is dedicated to fighting to get you the money you deserve. We have been representing individuals bit and attacked by dogs for over 50 years.
We stay current on all the latest news and case law that may affect Michigan residents. Our law firm has written extensively on the subject. Read about dog bite tips, laws, regulations, cases, and stories on our blog.
Please call us at 1-800-LEE-FREE (1-800-533-3733) for a free consultation. Please also fill out the Free Case Evaluation Form so we can answer any questions.
What is the Michigan Dog Bite Law?
The Michigan dog bite law is a statute. MCL 287.351 describes the liability of a dog owner when a dog bite occurs. The statute is the following:
(1) If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.
(2) A person is lawfully on the private property of the owner of the dog within the meaning of this act if the person is on the owner’s property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or if the person is on the owner’s property as an invitee or licensee of the person lawfully in possession of the property unless said person has gained lawful entry upon the premises for the purpose of an unlawful or criminal act.
What Does the Michigan Dog Bite Law Mean?
Simply put, a person is entitled to compensation from the dog owner when a dog bite occurs so long as (1) the dog was not provoked and (2) the injured person was not trespassing on the dog owner’s property.
The dog bite statute is a strict liability statute. This means the dog owner is liable for all damages or injuries from when a dog bites a person, without regard to fault or negligence.
Unlike other dog bite laws in the United States, there is no “free bite” rule. A dog owner can be held responsible for the injuries their dog causes, even if their dog has never previously bitten or attacked.
The dog bite statute only applies when a dog bite occurs. It does not pertain to dog knockdown situations.
What Compensation Can A Dog Bite Victim Receive?
Under the Michigan dog bite law, the dog bite victim is entitled to all damages arising from the attack. This includes:
- the payment for all medical bills
- lost wages
- out-of-pocket costs,
- pain and suffering,
- emotional distress.
Dog bite victims are also entitled to compensation for scarring, puncture wounds, and physical disfigurement that occurs because of the dog bite.
Can I Sue A Dog Owner for Negligence?
Yes, you can sue the dog owner for negligence if the dog owner did not take reasonable precautions to control the dog where it was foreseeable that injury could occur. If the dog owner fails to exercise ordinary care to control or restrain the animal to prevent foreseeable harm, the dog owner breaches their duty to the injured person. In those situations, a dog attack victim may make a negligence claim.
Negligence cases entail a detailed investigation into how the dog attack occurred and why it occurred. An animal control agency or police department must be informed of the attack. That way, witness statements can be taken, and proper civil citations given to the dog owner. This evidence can later be used by a dog bite law firm to help prove your case.
Who Pays In A Dog Bite Case?
The homeowner’s insurance company for the dog owner pays the dog bite claim. Under Michigan law, the dog’s owner is liable for all damages resulting from the dog bite attack. Even if a dog did not bite but attacked an individual causing injury, the owner or possessor would be responsible for paying the claim if negligence is found. The homeowner’s insurance company is also responsible for paying the negligence claim.
Unfortunately, dog training experts agree that nearly all dogs can bite, even gentile ones. A dog bite or attack can occur for several reasons, including excitement, fear, and dominance. Dog owners have the responsibility to keep their dog under control. The dog owner is the principal defendant in most Michigan dog bite and attack cases.
Who Is Considered A Dog Owner?
Under Michigan law, a dog “owner” is specifically defined by MCL 287.261(2)(c). This law defines a dog owner when applied to the proprietorship of a dog as “every person having a right of property in the dog, and every person who keeps or harbors the dog or has it in his care, and every person who permits the dog to remain on or about any premises occupied by him.”
A dog possessor can also be held responsible for the acts of their dog. Since the 19th century, under Michigan common law, a possessor of a domestic animal has been interpreted to encompass an “owner” or a “keeper.” A keeper of a dog has had sufficient custody and control of the dog for enough time to assess whether the dog presents an abnormal risk to the community.
Dog ownership is not as simple as who is listed on the animal’s registration papers with the city. Ownership can take on different forms. Responsibility for a dog bite or dog attack can fall on different people. Michigan dog bite accident lawyers who have handled hundreds of dog bite cases throughout the state can help answer your questions.
What is Common Law Strict Liability for Michigan Dog Attack Cases?
Besides the dog bite statute and negligence by the dog owner, a common law strict liability claim can also find a dog owner liable for a Michigan dog bite or dog attack.
Under the common law, a dog owner is strictly liable for damages done by the dog only if he or she knows or has reason to know of the dog’s vicious nature. The dog owner is responsible for injuries from their dog under common law strict liability (1) if the dog owner is the possessor of the dog, (2) the dog owner has knowledge of the dog’s abnormal dangerous propensities, and (3) injury results from the dangerous propensity that was known or should have been known.
Proving that the owner knew their dog had a dangerous propensity typically means showing the dog had previously attacked another person or other dogs. Just because a dog barks or shows its teeth sometimes does not mean it demonstrates dangerous propensities.
But if the owner knew the dog had previously attacked, or if the dog had been cited by a city or township because of dangerous activity, the dog owner can be held accountable for a dog attack through a common law strict liability case. Again, the owner’s knowledge of the dog’s dangerous propensities is key.
Experienced Michigan dog bite accident lawyers can answer your questions and ensure you receive righteous compensation for your injuries.
What is the Michigan Dog Leash Law?
The Michigan Leash Law has existed in various forms for close to 100 years. Under the law, which is found within MCL 287.262, no dog owner shall allow his or her dog to stray unless it is properly leashed. In practice, this applies to dogs that are not on the owner’s property.
The Michigan Leash Law is another way to prove negligence by a dog owner in the event of a dog bite or attack.
How Do I Get Money From The Insurance Company After A Dog Bite?
Obtaining monetary compensation after a dog bite attack entails painting a specific and detailed picture for the insurance company. The insurance carrier must understand the trauma and damage following the attack.
Medical records should be presented to the insurance carrier so they can understand the treatment required following the attack. The records will also demonstrate the severity of the injury, the diagnosis offered by treating doctors, and the prognosis for recovery.
Medical bills and medical liens should also be forwarded so the insurance company and trier of fact can understand the economic damages the dog bite victim incurred after the bite. Detailed scarring photos should be taken on multiple occasions over time. This way, the insurance company can understand the permanent scars that were left because of the vicious attack.
What is the Statute of Limitations for a Dog Bite Case?
There is a time limit for dog bite victims to file a lawsuit in court in a personal injury case. This is called the statute of limitations.
In general, in almost all cases involving an adult, the adult victim in Michigan has three (3) years from the date of the attack to file a lawsuit against the proper defendants. If the dog bite victim fails to file a lawsuit during this time, they forever lose their right to receive compensation for their injuries from the defendants.
The statute of limitations for a minor or child is different. Under Michigan law, a child ordinarily has until they turn 19 years old to file a lawsuit for personal injuries resulting from a dog bite or dog attack. The 3-year statute of limitations is stopped, or “tolled,” for minors.
Experienced and Aggressive Michigan Dog Bite Accident Lawyers
If you have any questions about a dog attack situation, or about the Michigan dog bite law in general, contact us here or call us at 1-800-533-3733 so we can answer your questions.
Our firm has helped Michigan dog bite victims obtain tens of millions in compensation. The consultation is free and there is no fee unless we win your case.