What Victims Should Know About Michigan Dog Bite Laws

Each year, approximately 4.5 million people across the country are bitten by dogs. And, approximately 800,000 of these people are injured badly enough to require medical attention. Fortunately, Michigan law protects victims of dog attacks, even if a dog has never bitten anyone before. These statutes help victims and their families receive needed medical treatment and compensation for their physical and emotional suffering.

Like many areas of the law, dog bite claims can be complicated. Therefore, it is wise to consult a Michigan dog bite attorney if you or a loved one is injured by a dog.

MICHIGAN DOG BITE LAWS 101

The following guidelines should give you a general idea of how the state of Michigan treats dog bite incidents as well as the laws related to a dog bite case.

Michigan Dog Bite Laws Concerning Fault and Liability

The Michigan dog bite law, MCL 287.351, is very specific about which party is liable in a dog bite case.

Obviously, a dog cannot be held legally responsible for its actions. Therefore, when a dog bites another person and causes serious injury, the dog owner is typically held responsible. This “strict liability” law applies providing the following conditions are met:

• The victim did not provoke the dog prior to the attack
• The attack occurs on public property
• If the attack occurs on the private property of the dog owner, the victim must have a lawful right to be there

Depending on the situation, if your dog bites and injures another person, the victim is entitled to sue you for damages. Dog owners are responsible unless the victim provoked the dog or was illegally trespassing on the owner’s property. 

In the absence of these two conditions, you will most likely be found responsible in the event of a lawsuit. 

Recommended reading: Who is Liable For a Dog Attack at a Dog Park?

“LAWFUL RIGHT” IN MICHIGAN DOG BITE LAWSUITS

This phrase “lawful right” includes people making deliveries for the U.S. Postal Service or other companies (UPS, Amazon, FedEx, etc.), or those performing duties imposed by the laws of the state.

In addition, licensees of the property owner or individuals the owner has invited onto the property also have a lawful right to be there. 

Recommended reading: What Happens When Your Dog Attacks the Mail Carrier?

WAS THE DOG PROVOKED TO ATTACK?

• Trapping a dog or making it feel trapped
• Hitting a dog
• Causing the dog pain by pulling on its tail, ears, etc.

In a dog bite lawsuit, it is common for the owner and their insurance company to claim the victim provoked the dog into biting. This is why it is so important to hire an experienced dog bite lawyer if you were injured in a dog attack. An experienced attorney knows how to counteract the owner’s claims.

THE MICHIGAN “ONE BITE” RULE FOR DOGS

However, Michigan dog bite laws fall under the heading of “strict liability.” This means the owner is responsible when a dog bites and injures another person – even if it’s the first time the dog has ever bitten. The victim is entitled to file a lawsuit against the owner, regardless of the dog’s previous history of “good behavior.”

Recommended reading: Are Landlords Liable for Dog Bites on Rental Property?

MICHIGAN LEASH LAWS

According to Michigan law (MCL 287.262), dogs must be kept on a leash whenever they are in public. 

If you remove a dog’s leash during a neighborhood walk, you could be fined and charged with a misdemeanor. The law provides certain exceptions for leader dogs, farm dogs and other working dogs who are accompanied by their owner or designated agent.   

This statute also explains the rules for dog licensing, collars and dog tags. 

DO I HAVE TO PUT MY DOG DOWN IF IT BITES SOMEONE?

Owners are not typically required to euthanize a dog after an attack, unless a court decides it meets the legal definition of a “dangerous animal.” If so, a court may order the owner to euthanize a dog to prevent it from causing future harm.

Prior to that, a dog may have to be quarantined for a certain time period after an attack is reported. In many cases, an owner may be allowed to keep the dog providing specific steps are taken to ensure the animal is no longer dangerous. 

OUR EXPERIENCED DOG BITE LAWYERS HELP YOU WIN THE COMPENSATION YOU DESERVE

If you or a loved one has been injured by a dog, contact us immediately. Our knowledgeable Michigan dog bite attorneys know what it takes to win your case, and we will fight to win the benefits you deserve.

Dog bite law is complicated, but finding the right attorney is simple. Select the button below or Call 1-800-CALL-SAM today for a free, remote no-obligation consultation from the safety of your home.