What is Common Law Strict Liability for Michigan Dog Attack Cases?Besides the dog bite statute and negligence on the part of the dog owner, another way a dog owner can be found liable for a Michigan dog bite or dog attack is through a common law strict liability case. 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. If the dog owner is the possessor of the dog, has knowledge of the dog’s abnormal dangerous propensities and an injury results from the danger propensity that was known or should have been known. Proving that the owner knew their dog had a dangerous propensity typically entails showing the dog had previously attacked another person or other dogs. Just because a dog barks or shows its teeth at times does not mean the dog 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 some type of dangerous activity, the dog owner can be held accountable for a dog attack through a common law strict liability case.
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