Navigating Dog Bite Cases in Michigan: Legal Insights and Victim Rights
Dog bites are a serious concern in Michigan, leading to thousands of injuries annually. In 2024, Detroit ranked 20th nationally on the U.S. Postal Service's list of cities with the highest number of dog attacks on mail carriers, with 19 recorded incidents. This statistic underscores the importance of understanding Michigan's dog bite laws, which are designed to protect victims and hold dog owners accountable.
Understanding Michigan's Strict Liability Law
Michigan operates under a strict liability statute for dog bites, specifically MCL 287.351. This means that if a dog bites someone under certain conditions, the owner is automatically liable for the injuries, regardless of the dog's previous behavior or the owner's knowledge of its temperament.
Conditions for Strict Liability
To establish a claim under Michigan's strict liability law, the following elements must be proven:
Dog Bite: The victim must have been bitten by the dog.
No Provocation: The bite occurred without provocation.
Lawful Presence: The victim was lawfully on the property where the bite occurred, such as being invited onto private property or being in a public place.
It's important to note that this statute applies only to injuries caused by a dog bite. Injuries from scratches or other forms of contact may not fall under this strict liability law.
Exceptions and Defenses
While Michigan's law favors victims, there are exceptions where a dog owner may not be held liable:
Provocation: If the victim provoked the dog in some way, the owner may not be liable.
Trespassing: If the victim was trespassing on the owner's property at the time of the bite, strict liability may not apply.
Assumption of Risk: If the victim knowingly and voluntarily assumed the risk of being bitten, such as by engaging in certain activities with a known aggressive dog, this may serve as a defense for the owner.
Common Law Liability
In addition to the strict liability statute, Michigan courts recognize common law liability for dog attacks. Under common law, a dog owner can be held liable if they knew or should have known about their dog's dangerous tendencies and failed to take appropriate measures to prevent harm. This includes situations where the dog has a history of aggression or has previously bitten someone.
Legal Process and Compensation
If you've been bitten by a dog in Michigan, it's crucial to understand the legal process and your rights:
Medical Documentation: Seek immediate medical attention and keep records of all treatments.
Report the Incident: File a report with local animal control or law enforcement.
Consult an Attorney: Contact a personal injury attorney experienced in dog bite cases to evaluate your claim.
Victims may be entitled to compensation for medical expenses, lost wages, pain and suffering, and emotional distress. The statute of limitations for filing a dog bite lawsuit in Michigan is three years from the date of the incident.
Conclusion
Michigan's strict liability law for dog bites provides strong protection for victims, holding dog owners accountable for injuries caused by their pets. Understanding the conditions, exceptions, and legal processes involved can help victims navigate the aftermath of a dog bite incident and seek appropriate compensation. If you or someone you know has been bitten by a dog, consulting with a knowledgeable attorney can provide valuable guidance and support.
