Michigan Dog Bite Law

Liability Under Michigan Dog Bite Law

Michigan dog bite law decides when an owner is liable for a dog bite or another injury their pet causes. Three specific types of laws set those standards across the states. In Michigan, there is no “one bite rule.” Instead, Michigan dog bite law gives you two theories of liability: one is statutory, under the Michigan Dog Bite Statute (MCL § 287.351), and the other is under Michigan’s common law. Here is how each type of law works, and where Michigan stands:

1. Michigan Dog Bite Law Has No “One Bite Rule”

ONE BITE RULES in some states relieve the owner of liability for the dog’s first bite. Once the dog has bitten someone, it is considered to have shown vicious behavior. The owner is then on notice of its violent propensities and is liable for any later attacks.

Michigan dog bite law works differently. Under the Michigan Dog Bite Statute (MCL § 287.351), the owner of the dog can be liable for the first bite as long as the victim (1) was lawfully on the property and (2) did not provoke the dog.

Under Michigan’s common law, the victim only has to prove that the owner knew (or should have known) that the dog had vicious propensities.

2. The Michigan Dog Bite Statute and Its Three Key Points

In a state with a DOG BITE STATUTE, the owner is strictly liable for any dog bite injury caused by the pet, regardless of the underlying circumstances.

Michigan has a dog bite statute in effect. (See MCL § 287.351 (2009)) The statute has three key points:

(1) Knowing that the dog could be dangerous is irrelevant: Knowledge of the dog’s viciousness is irrelevant under the statute. A dog could have been well behaved its entire life, never biting anyone before. Under the statute, the first bite can invoke liability.

(2) You must be lawfully on the property: The statute makes the owner liable if the dog attacked you while you were on either (1) public property, or (2) lawfully on private property (i.e. you weren’t trespassing or committing a crime). In other words, if you were invited onto the owner’s property as a guest or a potential customer, then you were lawfully on the property and can likely recover for your injuries.

(3) The Defense of Provocation: Provocation is the only defense the owner can assert under the statute. If you were bitten after you provoked the dog, then you may be barred from recovery.

Under Michigan dog bite law, provocation does not have to be intentional; it can be accidental. In other words, you do not have to intend to anger the dog. If your act would have caused a regular dog to bite, then it could be considered provocation under Michigan law, barring your claim.

For example, in Brans v Extrom, 266 Mich App 216; 701 NW2d 163 (2005) the plaintiff accidentally stepped on the dog’s tail, causing the dog to bite the plaintiff’s leg. A jury found this to be adequate provocation. The Court of Appeals denied the dog owner a new trial by holding that the plaintiff’s intent was immaterial.

3. Common Law Negligence Under Michigan Dog Bite Law

NEGLIGENCE LAWS in some states deem an owner liable when an injury is caused by extreme carelessness.

In Michigan, the dog bite statute did not abrogate the common law rules, so Michigan dog bite law includes both. Under Michigan common law, an owner who knows (or has reason to know) that the dog can be dangerous can be liable if the injury occurred because he or she was careless: by not putting a leash on the dog, by failing to adequately supervise it, or by not using a proper sign to warn of the dangerous dog.

Damages Under Michigan Dog Bite Law

Based on the specific scenario, an owner who is liable under Michigan dog bite law may also be responsible for reimbursing the injured person for medical or psychological bills, pain and suffering caused by the attack, mental anguish, lost wages and other losses.

We Can Help With Your Michigan Dog Bite Case

The various types of Michigan dog bite laws can be very confusing. That is why it is very important for you to speak with a Michigan dog bite attorney who specializes in Michigan dog bites. Our law firm has achieved fantastic results for dozens of seriously injured children and adults bitten or knocked down by Michigan dogs.