What Is Michigan’s Dog Bite Law?
What Is Michigan’s Dog Bite Law?
A dog bite can happen without warning and leave a victim facing painful injuries, medical expenses, scarring, lost income, and emotional trauma. When an attack occurs, one of the first questions victims often have is whether the dog’s owner can be held financially responsible. Fortunately, Michigan law provides important protections for people who have been bitten by dogs.
Michigan has a statutory dog bite law that can hold a dog owner liable when their animal bites someone under certain circumstances. Unlike laws in some states, a victim generally does not have to prove that the dog previously attacked someone or that the owner knew the dog was dangerous. Understanding these protections can be an important first step toward pursuing compensation after an attack.
At Biggs & Gunst P.C., we help injured individuals and families in Ann Arbor and throughout Southeast Michigan understand their rights after animal attacks. If you or someone you love has suffered a serious dog bite, our attorneys can review what happened, evaluate your options, and help you pursue the compensation available under Michigan law.
Michigan Uses a Strict Liability Rule for Dog Bites
Michigan’s dog bite statute, MCL 287.351, provides that when a dog bites a person without provocation while that person is on public property or lawfully on private property, the dog's owner can be liable for the damages suffered by the victim. This applies regardless of whether the dog had previously shown vicious behavior or whether the owner knew that the dog might bite.
This rule is significant because victims generally do not have to establish that the owner knew the dog was dangerous before the attack. A dog does not necessarily get a “free bite” simply because it has never attacked anyone before.
For example, a person may be protected by the statute if they are bitten while walking on a public sidewalk or while lawfully visiting another person's property. Michigan law also specifically addresses people who are lawfully on an owner's property, including invitees, licensees, and people performing duties imposed by state or federal law.
Even when liability appears straightforward, disputes can arise over where the attack occurred, whether the victim was lawfully on the property, whether provocation occurred, and the extent of the victim's damages. Biggs & Gunst P.C. can investigate the circumstances surrounding an attack and help victims understand how Michigan law applies to their individual situation.
What Does “Provocation” Mean in a Michigan Dog Bite Case?
Provocation can become an important issue in a Michigan dog bite claim because the statutory protection applies when the dog bites the victim without provocation. As a result, a dog owner or insurance company may argue that something the injured person did caused the animal to react.
Whether conduct amounts to provocation can depend heavily on the circumstances surrounding the incident. Evidence such as witness statements, photographs, video footage, medical records, animal-control reports, and information about what occurred immediately before the bite may therefore become important when evaluating a claim.
Victims should not automatically assume that they do not have a case simply because an owner or insurance company claims the dog was provoked. The facts should be carefully examined before conclusions are reached about liability.
At Biggs & Gunst P.C., we can review the events leading up to an attack, gather available evidence, and address arguments that may be raised against an injured victim's claim.
What If the Dog Had Never Bitten Anyone Before?
One of the most important aspects of Michigan’s dog bite law is that a dog's previous behavior does not necessarily protect its owner from liability. Under the statute, liability can apply regardless of the dog's former viciousness or the owner's knowledge of that viciousness.
In practical terms, this means a victim does not generally have to locate evidence showing that the dog previously bit someone, behaved aggressively, or was known by its owner to be dangerous in order to pursue a statutory dog bite claim.
This distinction can make Michigan dog bite cases different from claims in jurisdictions where an owner's prior knowledge of an animal's dangerous tendencies plays a larger role. Every case still depends on its specific facts, however, which is why obtaining legal guidance after a serious attack can be valuable.
What Compensation May Be Available After a Dog Bite?
Dog attacks can cause much more than an initial wound. Depending on the severity and location of the bite, victims may require emergency treatment, stitches, surgery, rehabilitation, scar treatment, or other ongoing medical care. Some victims are unable to work during their recovery, while others experience permanent scarring, disfigurement, or psychological effects from the attack.
A dog bite claim may seek compensation for damages connected to the injury, which can potentially include:
- Medical expenses
- Future medical treatment
- Lost income
- Reduced earning capacity
- Pain and suffering
- Scarring or disfigurement
- Emotional distress
- Other losses resulting from the attack
Children can be particularly vulnerable to serious injuries during dog attacks because of their size and the potential for bites to affect the face, head, or upper body. An attack can also leave lasting fear and emotional trauma long after physical wounds have healed.
At Biggs & Gunst P.C., we look beyond the immediate medical bill when evaluating an animal attack claim. Our goal is to understand how the injury has affected the victim's health, finances, work, and everyday life so that the full scope of the losses can be considered.
What Should You Do After a Dog Bite in Michigan?
Your health should come first after an animal attack. Seek appropriate medical attention, particularly when the bite breaks the skin or causes a significant injury. Medical documentation can also establish the nature and severity of the injuries following the attack.
When possible, obtain the dog owner's name and contact information and document where the incident happened. Photographs of the injuries, damaged clothing, and the location of the attack may also be helpful. If anyone witnessed the incident, obtaining their contact information can preserve another potentially valuable source of evidence.
Victims should also be cautious when communicating with insurance companies. An insurer may request a statement or seek information about the incident while evaluating the claim. Before accepting a settlement or making decisions that could affect your rights, consider discussing the situation with an attorney who can evaluate the claim as a whole.
Biggs & Gunst P.C. can handle communications and legal issues surrounding an animal attack claim while you focus on your physical and emotional recovery.
How Biggs & Gunst P.C. Can Help After an Animal Attack
A serious dog bite can create problems that last far beyond the day of the attack. Medical treatment, missed work, permanent scars, and emotional trauma can place considerable pressure on victims and their families. You should not have to navigate questions about Michigan dog bite law and insurance claims on your own.
At Biggs & Gunst P.C., our Ann Arbor personal injury attorneys represent individuals who have been injured in animal attacks. We can investigate how the attack happened, preserve relevant evidence, assess the damages you have suffered, communicate with insurers, and pursue appropriate compensation on your behalf.
Our firm serves clients throughout Southeast Michigan and offers free consultations for personal injury matters. Personal injury cases are handled on a contingency fee basis, meaning there are no upfront attorney fees and legal fees are owed only if compensation is recovered.
If you or a loved one has been injured by a dog or another animal, call Biggs & Gunst P.C. at 734-263-2320 to schedule a consultation and learn more about your legal options.
