A dog bite attack is a traumatic event for any person. For children, it can be especially damaging. And dog bite attacks on children are not uncommon. According to the Centers for Disease Control and Prevention (CDC), there are approximately 4.5 million dog bites reported every year in the United States. Of these, 885,000 dog bite victims seek medical care, and nearly 370,000 are seen in emergency departments. Not surprisingly, an estimated 51% of all dog bite attacks involve children. The Michigan child dog bite lawyers at the Lee Steinberg Law Firm are experts in child dog bite attack cases.

Who Pays For a Dog Bite Attack on My Child?

In Michigan, the dog owner is liable for any injuries that occur due to their dog's actions. Most homeowners’ insurance policies cover dogs and the harm they cause guests and other people. This is true even if the dog bite attack occurs outside the home and away from the dog owner’s property. For example, if a dog bites a child at a public park, the dog owner's homeowners’ insurance carrier is still responsible for paying the claim.

If the dog owner is a renter, then the renters’ insurance is responsible for paying the claim. However, most renters do not have insurance, and it is challenging to obtain compensation directly from them because they typically have limited financial resources and assets.

What is the Michigan Dog Bite Law?

Michigan is a strict liability state for dog bite claims. This means in almost all situations, the dog owner is liable for any injuries caused by their dog from a bite. The Michigan Law, dog bite statute is MCL 287.351, which reads in part:

“if a person is bitten by a dog, without provocation while the person is …lawfully on … 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.”

Under this rule, so long as the injured person was not trespassing and did not provoke the dog bite, the dog bite victim is entitled to compensation for all injuries the dog caused, regardless of whether the dog had attacked before.

The dog bite statute can only be used by a plaintiff (dog bite victim) when a bite occurs. This statute cannot be used if the dog knocks a person over, but did not bite.

Can I Sue a Dog Owner For Negligence?

Yes, a dog owner can also be held liable for negligence if they fail to restrain their animal. However, the injured party must prove that the dog exhibited vicious propensities and that the owner was aware of these propensities.

For example, in Myers v Myers, No. 241298 (Mich. App. Oct. 21, 2003), the plaintiff was a 74-year-old woman who was injured when her son's unrestrained 180-pound Great Dane "bolted through a doorway, caught his head in her purse strap, and dragged her backwards down two steps onto a concrete patio." The Court of Appeals found the plaintiff had not shown that the dog posed an "unreasonable risk of harm" or that the defendant "ineffectively controlled the dog in a situation where it would reasonably be expected that injury could occur."

It is important to contact a Michigan dog bite lawyer expert who specializes in child attacks to ensure you receive full compensation.

Is the Landlord Responsible for a Dog Bite Attack on a Child?

Yes, a landlord who rents their home, apartment, or condo unit to a dog owner can be held responsible if the tenant’s dog bites and causes injury to a child. However, the law treats landlords differently from dog owners.

To maintain liability against a landlord, the plaintiff must prove that the dog had a dangerous propensity, meaning the animal has a tendency to attack or jump on people that is not typical for a dog. The best way to prove a dangerous propensity is to provide evidence of prior bites or attacks by the dog. In addition, the injured person must also prove that the landlord knew about the dog’s dangerous propensities and had sufficient time to remove the dog or evict the dog's owner before the bite occurred.

Finding liability against a landlord for a child's dog bite in Michigan can be challenging. However, with a careful investigation, it is possible. Talk to our Michigan child dog bite injury lawyers today to get your questions answered.

What if the Dog Owner Fails to Leash Their Dog?

If a dog is running around without a leash, then the dog owner may be in violation of the Leash Law. Under MCL 287.262, it is illegal for a dog owner to allow their dog to stray unless the dog is used for hunting or other listed activities.

In Zeni v Anderson, 397 Mich 117, 143; 243 NW2d 270 (1976), the Supreme Court held that when a court adopts a penal statute (leash law) as the standard of care in an action for negligence, violation of that statute establishes a prima facie case of negligence. For example, if a dog runs loose and causes a child to lose control of his bicycle and fall to the pavement, a violation of the Leash Law creates a rebuttable presumption of negligence. The violation of the leash law requires the offending party to overcome a presumption of negligence.

This means a dog owner can be accountable for a child’s injuries if their dog is not on a leash and causes injuries. In this situation, the dog owner would be responsible even if no dog bite occurred. These are typical in “knock down” situations, where a dog knocks down a child or person.

What Compensation Can I Get for My Child’s Dog Attack?

The compensation a child can receive from a dog bite or dog attack depends on several factors:

The severity of the injuries is important. If a person breaks a bone or requires surgery, then the value of that case is typically high.
Scarring is also important, particularly if it will be permanent.
The location of the scarring also matters. Scars on a child’s face can have a more negative psychological effect than scars hidden by clothing.
In addition, a child can be compensated for the physical pain and suffering they experience.
The amount of emotional distress, including anxiety, PTSD, and other mental injuries from the dog bite.
The child's family can also obtain compensation for financial losses. For example, the dog owner is responsible for paying medical bills, lost wages, out-of-pocket expenses, and other related costs resulting from a dog attack.

How Much Are My Child’s Dog Bite Injuries Worth?

The amount of compensation a child can receive for a dog bite or dog attack depends on several factors, as mentioned above. Some cases fall within the smaller range, sometimes less than $20,000. But more severe dog bite cases can settle for more than $100,000, in the high six-figures, or even more.

What is a Structured Settlement or Annuity?

When a dog bite case settles for a child, because they are a minor, there are rules about the distribution of the settlement proceeds. The courts want to protect the minor’s settlement money. Because the child cannot access the settlement until they are 18 years old, the law ensures the money is set aside for the child, not for other family members. Our judicial system encourages the use of structured settlements to protect children and their interests.

A structured settlement is the purchase of an annuity from a highly rated life insurance carrier that guarantees the payment of specific amounts at specified times, starting at age 18 (or older). The settlement money grows with interest over time and is tax-free. The types of structured settlements vary, and your attorney should be able to walk you through this process with the help of a structured settlement company.

What Type of Treatment After a Dog Bite Attack

The treatment protocol after a dog bite is straightforward. The medical professional should prescribe an antibiotic, such as Augmentin. The antibiotic is to prevent a dangerous infection that can spread from the dog’s saliva. Due to the risk of infection, most wounds are no longer sutured. Instead, the area will be cleaned and bandaged. If needed, a butterfly stitch may be utilized. More intense wound care may be warranted if the attack was especially severe.

Sometimes, surgery and skin grafting are required. A plastic surgeon can provide a good assessment of the various options available.

Michigan Dog Bite Settlements

The child dog bite lawyers at the Lee Steinberg Law Firm have recovered millions for children from all over Michigan.

$350,000 for a child in Detroit
$500,000 for a child in metro Detroit
$175,000 for a child in Ann Arbor
$450,000 for a child in Mid-Michigan

The Best Child Dog Bite Lawyers Near You

Our team of Michigan child dog bite attack lawyers has recovered millions for children over the past 50 years. We specialize in dog bite attack cases. We know how to hold dog owners and other potential defendants accountable. If you have any questions about a dog bite attack or your child suffered a dog bite injury, contact us today at 1-800-LEE-FREE. We are happy to provide answers and guidance. And we never charge anything until we win your case.

Michigan Child Dog Bite & Attack Injury Lawyers