Who is liable for a dog bite in Michigan? In most cases, the dog’s owner is legally responsible under Michigan’s strict liability law, even if the dog has never shown signs of aggression. However, liability may depend on whether the victim was lawfully on the property and whether the dog was provoked.
After a serious dog bite, victims often want to know whether the owner can be held accountable and what compensation may be available for medical bills, lost wages, scarring, and pain.
While the period immediately following a dog bite can be stressful and confusing, an experienced Michigan dog bite attorney can help determine who is liable, gather evidence, deal with the insurance company, and pursue compensation for the harm you suffered.
Below, we’ll explain how liability works in Michigan dog bite cases, explore some key exceptions, and explain what steps you can take after a bite to protect your claim.
What Does Michigan Dog Bite Law Say About Liability?
Michigan’s dog bite law states:
“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.”
You more than likely have a case if you were bitten by a dog. While some exceptions exist, victims are often entitled to compensation after a bite.
Who Can Be Held Liable for a Dog Bite?
In Michigan, the dog owner is strictly liable for any bites caused by their dog (except for in a few special circumstances we’ll discuss later). Strict liability holds them accountable, regardless of their intent or negligence.
While the owner is the one being held liable, their homeowner’s or renter’s insurance typically pays for damages (up to their policy limit). Any damages exceeding their policy limit often need to be paid out of pocket.
Are There Exceptions to Dog Bite Liability?
While owners are usually liable for bites caused by their dog, there are exceptions. These exceptions are commonly used by the dog owner’s insurance company to get their client off the hook.
The first exception is provocation. “If an individual provoked a dog by abusing it, poking at it, or otherwise teasing it, the dog owner will not be held strictly liable for the dog bite that occurred as a result. Additionally, taking food away from a dog while it is eating may be considered provocation under the law,” said David Femminineo, founder and personal injury attorney at Femminineo Law in Michigan.
It’s common for insurance companies to lean on this defense when there weren’t any witnesses to the bite. For this reason, security footage (like from Ring doorbells) often plays a crucial role in such cases.
The second exception is trespassing. “If a person is unlawfully upon the premises, the dog owner is no longer strictly liable for the dog bite,” explains Femminineo.
The trespassing status of individuals is not always straightforward. In certain instances, like delivering a package or jogging in front of someone’s house, there may be implied permission to be on the property. Scenarios like a child jumping a fence to retrieve a ball, however, does not grant such implied permission.
It’s important to consult with a Michigan dog bite attorney to understand exactly what your legal status was if you were bitten by a dog on the owner’s property.
What Do You Need to Prove in a Dog Bite Claim?
Michigan law is very favorable to dog bite victims. There are generally four things that need to be proven in a strict liability dog bite claim in Michigan:
- The defendant owned the dog. You need to be able to show that the person you’re bringing the claim against was the dog’s owner.
- The dog bit you. While it is possible to receive compensation for other injuries caused by a dog (i.e., scratches or trip and falls), these types of injuries do not fall under the strict liability statute. To hold the owner strictly liable, you need to prove that the dog bit you. Photo evidence of your injuries is usually the best way to do so.
- No provocation. You must prove that the dog was not provoked before the bite.
- Lawful presence. The final element that needs to be proven is your lawful presence at the time of the bite. You either need to show that the bite occurred on public property or that you had explicit or implied permission to be on the dog owner’s property.
How Much Is a Dog Bite Case Worth?
Dog owners can be held liable for any pain, suffering, fright, shock, embarrassment, humiliation, depression, anxiety, stress, as well as any disfigurement following a bite. Additionally, dog bite victims can receive compensation for lost wages, medical treatment, and any anticipated medical treatment that arises from the bite.
While the amount varies, dog bite claims often settle for significant amounts. An experienced Michigan personal injury attorney can help give you a better idea of what your dog bite case might be worth.
Do You Need a Dog Bite Attorney in Michigan?
In the days following a dog bite incident, it’s common for victims to research what to do after a dog bite in Michigan and consider taking legal action. Many dog bite victims have questions like, “How much is a dog bite case worth?” and “Can a dog owner avoid being held liable?”
While it is possible to pursue a dog bite claim without the help of an attorney, the practice is highly discouraged.
An experienced Michigan dog bite attorney can help by:
- Setting expectations as to the value of your case
- Ensuring that you don’t fall victim to lowball settlement offers from the dog owner’s insurance
- Assisting you throughout the negotiation process
- Explaining the complex statutes that may be relevant to your case
- Maximizing your compensation
For more information, watch attorney David Femminineo explain the essentials of a dog bite injury claim in Michigan in Michigan.
FAQs About Dog Bite Liability in Michigan
Is Michigan a strict liability state for dog bites?
Yes, Michigan is a strict liability state. This means intent and negligence don’t play a role in holding the dog owner liable for a bite. For a more detailed explanation of this complex legal doctrine, it’s best to consult with a Michigan personal injury attorney.
Can a dog owner avoid liability?
Yes, the two most common exceptions to Michigan’s strict liability dog bite law are provocation and trespassing. Insurance companies commonly use these exceptions as defenses for their clients.
Can I sue for a minor dog bite?
You absolutely can. Michigan law allows you to hold the dog owner liable, even for more minor expenses like tetanus shots or antibiotics.
Who pays for a dog bite injury?
The owner of the dog is held legally responsible for any bites. In practice, their homeowner’s insurance is often who ends up covering the damages they are found liable for.
Talk to a Michigan Dog Bite Attorney
Michigan dog bite law holds the attacking dog’s owner responsible for any injuries the animal may inflict upon an adult or child. If you were bitten, there’s a strong possibility that you can recover compensation.
The experienced team at Femminineo Law has represented dog bite victims across Michigan and knows how to build strong claims against negligent dog owners. We can help you understand your rights and pursue a meaningful recovery today.
Give us a call at 855-65CRASH or visit our website to set up a free consultation about your dog bite. We’ll get started on your case from the moment you reach out.
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