MICHIGAN

The Michigan law that applies to dog bite victims and dog owners when a bite occurs is basically one of strict liability. This means that the dog owner is liable for all damages the dog causes by biting.  No matter whether the owner of the dog knew, or should have known, that the dog was vicious or had a history or propensity of biting individuals.

There used to be saying that, “every dog gets one free bite.”  The saying goes to a proposition that, if a dog owner does not know or is on notice that his dog has the potential or propensity to bite someone, they are not liable unless they do know.  This is NOT TRUE in Michigan, but may be true in other states where the owner of a dog does not have knowledge that the dog will bite until he does so for the first time.

The Michigan dog bite statute is found at Michigan Compiled Laws, Section  287.351. It states as follows:

287.351 Person bitten by dog; liability of owner.

Sec. 1. (1) 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. 

(2) A person is lawfully on the private property of the owner of the dog within the meaning of this act if the person is on the owner's property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or if the person is on the owner's property as an invitee or licensee of the person lawfully in possession of the property unless said person has gained lawful entry upon the premises for the purpose of an unlawful or criminal act. 

Defenses in Michigan Dog Bite Cases:

The law that applies to Michigan dog bite victims, as stated above, indicates that there is one major defense that a dog owner will have against a victim -- and that is one of provocation. This means that if the facts of the attack or bite are such that the dog believes that the victim provoked the dog to bite, then that is the defense. Sometimes the defense will say that, children who are playing with dogs may arguably do something that the dog will perceive as being hostile or a provocation. Such things as pulling the tail, rough play with the dog, and surprising the dog (such as approaching the dog from behind) all may be argued as a defense of provocation.

Another fact that the defense attorney or insurance adjuster for your Michigan dog bite case will look at when assessing whether there is liability is; where the dog bite occurred. If it occurred at the residence or property of the owner of the dog, the reason or purpose of the victim being there is relevant as to is liability.  If the Michigan person that received the dog bite was on the premises for a legal purpose, under Michigan law-- say delivering a package (UPS Driver, Fed Ex employee), reading the gas meter, working on the electrical lines, or a postal worker delivering the mail, these individuals are allowed to be on the premises and cannot be considered a trespasser.  They are considered lawfully on the property and would be afforded the strict liability scenario of Michigan's dog bite law. However, the defense of provocation would still be available to the owner of the dog.

Individuals who are lawfully on the property are usually considered invitees or licensees. An invitee is a person who enters another person's premises or property as the result of an express or implied invitation of the owner or occupant for their mutual gain or benefit. A babysitter would be considered an invitee to a homeowner because the homeowner gains the benefit of the babysitting services while the babysitter gains the benefit of payment for those services.  A licensee is a person that has a license to use someone else's specified property such as a building, Landor house. A licensee is privileged to enter the property by specific consent of the owner or occupant. Whether the individual is considered an invitee or licensee, they are afforded the same strict liability law for dog bite cases in Michigan, so figuring out exactly which catagory the victim falls under is really is not critical.

*If the dog was running at large and off of his owner's property then such defenses would not apply.

The other major defense is that of "Trespass." The insurance company or defense attorney can argue that you were trespassing if you did not have the right to be on the property. Situations we have seen where the defense of Trespass is used include; a child goes into a yard to retrieve a ball, someone cuts through a back yard as a short cut while walking through a subdivision, and even a woman taking a picture of a pretty flower in the front yard of a house where the dog stayed.

Finally, even if the person is legally on the property, if the purpose of being on the property is for a criminal or unlawful act then the Michigan strict liability regarding dog bites would not apply.

MICHIGAN LAWS RELATED TO DOG BITES   

Statue of limitations for Michigan dog bite cases:

Under Michigan law the victim of a dog attack has up to three years to file a lawsuit against the owner of the dog. Though you have three years to file a lawsuit, we do not recommend waiting. You should contact an attorney immediately for advice.  In our experience, the faster you call a lawyer, the faster someone is working on your behalf and doing things that preserve important evidence such as procuring witness statements.

(10) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property.

Other Michigan statutes that may apply to Michigan dog bite cases include:

DANGEROUS ANIMALS (EXCERPT)
Act 426 of 1988
287.321 Definitions.

Sec. 1.  As used in this act:
(a) “Dangerous animal” means a dog or other animal that bites or attacks a person, or a dog that bites or attacks and causes serious injury or death to another dog while the other dog is on the property or under the control of its owner. However, a dangerous animal does not include any of the following:

(i) An animal that bites or attacks a person who is knowingly trespassing on the property of the animal's owner.
(ii) An animal that bites or attacks a person who provokes or torments the animal.
(iii) An animal that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault.
(iv) Livestock.
(c) “Owner” means a person who owns or harbors a dog or other animal.
(d) “Provoke” means to perform a willful act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack by an ordinary dog or animal.
(e) “Serious injury” means permanent, serious disfigurement, serious impairment of health, or serious impairment of a bodily function of a person.
(f) “Torment” means an act or omission that causes unjustifiable pain, suffering, and distress to an animal, or causes mental and emotional anguish in the animal as evidenced by its altered behavior, for a purpose such as sadistic pleasure, coercion, or punishment that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack. 

DOG LAW OF 1919 (EXCERPT)
Act 339 of 1919
MCL 287.261 Short title; definitions.

Sec. 1.
(1) This act shall be known and may be cited as the “dog law of 1919”.
(2) For the purpose of this act:
(a) “Livestock” means horses, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids and swine, and fur-bearing animals being raised in captivity.
(c) “Owner” when applied to the proprietorship of a dog means every person having a right of property in the dog, and every person who keeps or harbors the dog or has it in his care, and every person who permits the dog to remain on or about any premises occupied by him.
(d) “Kennel” means any establishment wherein or whereon dogs are kept for the purpose of breeding, sale, or sporting purposes.
(e) “Law enforcement officer” means any person employed or elected by the people of the state, or by any municipality, county, or township, whose duty it is to preserve peace or to make arrests or to enforce the law, and includes conservation officers and members of the state police.
(f) “Hunting” means allowing a dog to range freely within sight or sound of its owner while in the course of hunting legal game or an unprotected animal. 

DOG LAW OF 1919 (EXCERPT)
Act 339 of 1919
287.262 Dogs; licensing, tags, leashes.

Sec. 2.
It shall be unlawful for any person to own any dog 6 months old or over, unless the dog is licensed as hereinafter provided, or to own any dog 6 months old or over that does not at all times wear a collar with a tag approved by the director of agriculture, attached as hereinafter provided, except when engaged in lawful hunting accompanied by its owner or custodian; or for any owner of any female dog to permit the female dog to go beyond the premises of such owner when she is in heat, unless the female dog is held properly in leash; or for any person except the owner or authorized agent, to remove any license tag from a dog; or for any owner to allow any dog, except working dogs such as leader dogs, guard dogs, farm dogs, hunting dogs, and other such dogs, when accompanied by their owner or his authorized agent, while actively engaged in activities for which such dogs are trained, to stray unless held properly in leash.

287.288 Common law liability.
Sec. 28.  Nothing in this act contained shall be construed as limiting the common law liability of the owner of a dog for damages committed by it. 

Some relevant case law that apply to Michigan Dog Bite cases include:

Michigan common law, which is our case law, also is a place to find law that helps dog bite victims.  Michigan recognizes a cause of action for the failure to use ordinary care in controlling or restraining a dog, which makes out negligence.  Hiner v Mojica, 281 Mich App 604 (2006).  The Hiner Court staid:
Michigan law also recognizes that the owner of a domestic animal who does not have knowledge of the animal’s dangerous propensities may be held liable for negligently failing to restrain the animal or prevent harm by the animal.  (Hiner at 621).  

The Court went on to opine about liability attaching to the owner of the dog if he or she puts the dog in a situation where foreseeable harm might arise.  Hiner at 612-13.  In a prima facie case of negligence in a this sort of dog bite case, the dog bite victim must:

Establish that the defendant had failed to exercise ordinary care under the circumstances to control or restrain the animal.  (Hiner at 613).  

Another good case for dog bite victims is called Hack v Foster, 89 Mich App 254 (1979).  In Hack, the defendant’s dog broke loose from its leash and chased the plaintiff’s smaller dog.  The defendant’s dog knocked over the plaintiff making plaintiff go to the ground and caused injury.  The plaintiff argued that, both the local city ordinance and MCL 287.262, had been violated.  The Court of Appeals held that the trial court must read the statute and the ordinance to the jury and instruct them that:

Violation of a statute is prima facie evidence of negligence, creating a rebuttable presumption of negligence, while violation of an ordinance is merely evidence of negligence.  (Hack at 256).  

What to Do After a Dog Bite or Attack

In our opinion, it is important to make a report with the animal control department of the city or county in which the Michigan dog bite has occurred. Also, we advise that you take a number of photographs of the bite marks and wounds caused by the dog. We recommend to take many photographs in different lighting conditions and different distances. We have found that if you take 20 pictures, three or four of them will be good enough to depict the actual injuries.

We recommend that no statement be given to an insurance company or its adjuster or investigator until you have sought legal counsel and have been advised. It is our experience that insurance company personnel will tell you that they want to “settle fast and fair and that you don’t need a lawyer.”  They then extract a statement that gets the victim to say something (by twisting words, getting the victim to doubt themselves, among other techniques) that compromises their case.  Of course, Medical attention should be immediately sought and provided.

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