A neighborhood walk through Bloomfield Hills or a visit to a friend’s home in Detroit should not result in a trip to the emergency room. When a dog causes a serious injury, you likely find yourself trying to identify who pays for the medical bills and how the legal process works.
Understanding Michigan's strict liability dog bite law provides the foundation you need to seek a recovery for your losses. Our team focuses on the specific legal requirements of state statutes to help you navigate the path after an attack.
Michigan law offers significant protections for victims, but insurance companies often use technicalities to try and avoid responsibility. We provide the steady guidance needed to address these corporate tactics while you focus on your physical healing.
A closer look at statutory protections
- Michigan law holds dog owners responsible for bites regardless of the animal's prior history of aggression.
- Strict liability removes the need to prove that the owner acted negligently or failed to restrain the pet.
- Lawful presence on the property serves as a requirement for seeking recovery under the specific dog bite statute.
- Proof of provocation acts as a primary defense that insurance companies use to deny claims.
- Secondary legal paths exist for injuries like falls that do not involve an actual bite from the animal.
Defining the Strict Liability Standard in Michigan
The Michigan Compiled Laws Section 287.351 creates a high level of accountability for dog owners. This statute dictates that the owner stays liable for any bite that occurs without provocation. This law protects the community by placing the burden of the animal's behavior on the person who chooses to keep the pet.
The statutory requirement of a bite
Strict liability under this specific statute applies only when a dog actually bites a person. This physical contact triggers the legal protections that allow you to seek recovery without proving negligence. We document the physical evidence of the bite to establish that the statute applies to your situation.
Removing the one-bite rule
Some states follow a rule where an owner only stays responsible if the dog bit someone previously. Michigan rejected this concept and holds owners liable for the very first incident. Understanding Michigan's Strict Liability Dog Bite Law means realizing that the dog's past behavior does not influence the owner's current liability for a bite.
Liability regardless of owner intent
The law does not care if the owner tried to restrain the dog or if they believed the dog was friendly. If the bite occurred, the owner stays responsible for the resulting damages. We focus on the facts of the incident rather than the owner's efforts to control the animal.
Establishing Lawful Presence Under the Statute
A victim must stay lawfully on the property at the time of the attack to benefit from strict liability. This requirement prevents people with criminal intent or trespassers from seeking recovery under the statute. We gather evidence to confirm that you had a legal right to be at the location.
Implied consent for visitors
Lawful presence includes situations where the property owner gave implied consent for you to enter. This often applies to social guests, neighbors, or people using a common path like a front sidewalk. We look at the history of your interactions with the property owner to establish this implied permission.
Legal duties and professional presence
People performing professional tasks maintain a legal right to enter private property. This includes mail carriers, utility workers, and delivery drivers who are completing their work duties. We use employment records and service logs to confirm that you were on the property for a legitimate professional reason.
The trespassing exclusion
Owners use trespassing as a primary defense to avoid liability under the strict liability statute. If a person enters property without any form of permission or legal duty, the statute may not apply. We work to refute these claims by showing that you had a reasonable belief that you were allowed to be on the premises.
The Rebuttal of the Provocation Defense
Insurance adjusters frequently use provocation as a reason to deny a claim. They might argue that your actions caused the dog to act aggressively. Understanding Michigan's Strict Liability Dog Bite Law involves recognizing how courts define these interactions.
Narrow definitions of provocation
Michigan courts often interpret provocation in a way that favors the victim. Simple actions like walking toward a dog or attempting to pet it usually do not count as provocation. We use witness statements to show that your behavior stayed within the bounds of normal social interaction.
Accidental interactions and intent
Accidentally stepping on a dog’s tail or startling an animal does not necessarily relieve the owner of liability. Provocation typically requires an intentional act that would incite a reasonable dog to bite. We focus on the lack of intent in your actions to maintain the strength of your claim.
Evidence needed to disprove provocation
We gather accounts from people who saw the attack to provide an objective view of your behavior. Video footage from doorbell cameras or security systems often provides the best evidence of how the encounter started. This visual data prevents the insurance carrier from mischaracterizing your actions.
The Effect of Shared Fault on Your Claim
Michigan uses a modified comparative fault system, which may affect the total value of your recovery. If a court or insurance company finds that you contributed to the incident, they may reduce your compensation. We work to minimize these findings by focusing on the owner's responsibility.
Comparative Negligence in Michigan
As long as you were not more than 50% responsible for the incident, you may still seek recovery for your losses. The percentage of your fault reduces the total amount you receive from the insurance company. Our team focuses on the evidence that places the primary responsibility on the animal owner.
Calculating recovery percentages
If a claim is worth $100,000 and the victim is found to be 20% at fault, the recovery becomes $80,000. We meticulously analyze the facts to protect your claim from being unfairly devalued by these calculations. This involves refuting any claims that you ignored warning signs or acted recklessly.
Protecting the value of your case
We use professional evidence to show that the dog's aggression was the primary factor in the attack. By documenting the owner's failure to restrain the animal, we strengthen your position during settlement talks. This focus helps ensure that the final resolution reflects the true nature of the incident.
Strategic Steps for Pursuing a Statutory Claim
Building a claim under Michigan's strict liability law requires a structured approach to evidence collection. We suggest focusing on the documents that verify the owner's identity and the nature of the attack. These records serve as the foundation for your pursuit of a recovery.
Actionable steps provide the clarity needed to present a strong demand to the insurance company. We help you organize this information to avoid the administrative hurdles that often slow down the legal process. Each piece of evidence helps link the owner's liability to your physical and financial losses.
- Request a copy of the official report from Ingham County Animal Control or local police.
- Secure photographs of the dog and the location of the attack as soon as possible.
- Collect the names and phone numbers of any neighbors who have complained about the dog previously.
- Maintain a detailed log of every medical visit and the physical limitations you experience daily.
- Preserve any physical evidence like torn clothing or broken items from the scene.
These records help us tell a professional and objective story to the insurance adjuster. By documenting the facts immediately, we prevent the owner from changing their account of the event later. Our team handles the technical work of presenting this evidence to the responsible parties.
- Animal control reports often verify the dog's ownership and vaccination status.
- Witness testimony provides an unbiased view of the lack of provocation.
- Photographic evidence preserves the reality of the scene before changes occur.
Recovering Losses Through Homeowners Insurance
Most claims under Michigan's strict liability law find a resolution through a homeowner's or renter's insurance policy. These companies exist to pay for liabilities, but they often use aggressive tactics to limit their payouts. Understanding Michigan's Strict Liability Dog Bite Law means knowing how to interact with these corporate entities.
Identifying available policy limits
Insurance policies have specific caps on how much they pay for a single occurrence. We investigate the owner's policy to identify the maximum amount of coverage available for your recovery. This helps us set realistic expectations for the financial outcome of your case.
Negotiating with professional adjusters
Adjusters use specific formulas to value a claim, often ignoring the human side of the injury. We challenge these valuations by providing detailed accounts of your physical pain and emotional distress. Our team manages all communications to protect you from being pressured into a low settlement.
Handling uninsured dog owners
If a dog owner does not have insurance, we explore other potential avenues for recovery. This might include pursuing the owner's personal assets or checking for secondary policies that might apply. We analyze the financial standing of the responsible party to determine the best legal strategy.
FAQ for Understanding Michigan's Strict Liability Dog Bite Law
Can I file a claim if the dog belongs to a relative?
Claims involving family or friends typically involve their insurance policy rather than their personal bank account. This allows you to seek recovery for your medical bills without placing a direct financial burden on your loved one. We handle these negotiations professionally to help preserve your personal relationships.
What if I was bit while working as a delivery driver?
Delivery drivers and mail carriers stay protected under Michigan’s dog bite laws while they perform their professional duties. If a dog bites you during a delivery, you may file a claim against the owner's insurance. This claim stays separate from any workers’ compensation benefits you receive.
Does the dog have to be put down if I file a claim?
Filing a civil claim focuses on finding a recovery for your losses, not the fate of the animal. Local animal control authorities make decisions about the dog’s safety independently of your lawsuit. Our legal work addresses your medical bills and your pain and suffering rather than the animal’s status.
How does the breed of the dog affect the law?
Michigan's strict liability statute applies to all dog breeds equally. While some insurance policies attempt to exclude certain breeds, the owner remains liable for damages regardless of the dog’s type. We focus on the facts of the bite rather than the animal's breed.
What happens if the bite occurred years ago?
Under the Michigan Legislature Section 600.5805, you generally have three years to file a personal injury lawsuit. If you miss this deadline, you may lose the right to seek recovery through the court system. We suggest starting the process early to protect your legal standing.
Clarity in a Challenging Time
The moments following an animal attack feel heavy with medical questions and uncertainty about the future. You should not have to manage the technicalities of a statutory claim while trying to regain your physical strength. Our team provides the professional assistance needed to manage the administrative burdens and the insurance negotiations.
We believe that every person deserves a dedicated advocate who recognizes the gravity of their situation. Our firm offers the guidance you need to move through the legal system with confidence and peace of mind. We stand by our clients and work to ensure that a sudden injury does not dictate your financial future.
Taking action helps us secure the evidence necessary to build a successful case before it disappears. We invite you to contact our office to discuss your situation and learn about the options available for your recovery.
Our team provides a clear perspective on the legal process and helps you find the stability you deserve.
Thomas L. Stroble
FOUNDER
Mr. Stroble is a highly accomplished graduate of Michigan State University, with degrees in both science and law. He specializes in commercial lawsuits and personal injury cases. Licensed to practice law in Michigan and even the U.S. Supreme Court, he’s a well-qualified legal expert. Besides his career in law, he loves outdoor activities and volunteers as a part-time police officer in Birmingham.
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