Injuries sustained in a dog bite can be particularly devastating because of the emotional trauma a dog attack often causes in addition to the actual physical injury. When the victim is a child, the psychological impact of a dog bite is often felt well into adulthood. Whether you yourself are the victim of a dog bite or you are the parent of a victim you may be wondering “ What compensation can I collect for a dog bite in Michigan? ”

Dog bite injuries are a type of personal injury and are, therefore, handled similarly to other personal injury lawsuit such as car accidents or medical malpractice claims. Unlike other types of personal injury cases, however, Michigan does not require a victim to prove negligence on the part of the dog owner. Instead, Michigan has a strict liability dog bite law that holds an owner responsible for injuries caused by a dog regardless of whether the owner attempted to prevent harm or not. Michigan’s dog bite law reads, in pertinent part, as follows:

“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.”

As the victim of a dog attack you may be entitled to both economic and non-economic damages. Economic damages are out of pocket expenses such as the cost of medical treatment, rehabilitation expenses, and lost income. Dog bites can cause significant injuries. If the bite broke the skin there is frequently a very real risk of serious infection along with the damage done by the bite itself. All of the costs associated with treating the bite are compensable.

Non-economic damages cover the emotional trauma caused by the attack and are, therefore, subjective in nature. Unlike other types of personal injuries, the non-economic portion of a dog bite settlement or award is often substantial, particularly if the victim is a child. Any accident can cause emotional trauma; however, dog attacks can psychologically scar a victim for life. Years of counseling may be required before the victim can begin to heal the emotional wound caused by the attack.

If you are the victim of a Michigan dog bite, or are the parent of a victim, consult with an experienced Michigan dog bite attorney immediately to ensure that you are fully and fairly compensated for all your injuries.

You decide to have a gathering at your house with people you and your dog know well. Suddenly, your dog becomes spooked or threatened, and bites someone! The dog has caused the person to have a mark on their body, or worse, they require medical attention. Suddenly your party becomes the site of a lawsuit. How can you protect yourself and your dog? In Michigan, the law is very clear, and unfortunately, there is not much room for argument. Contacting a lawyer is imperative to a successful lawsuit of this nature.

The dog bite statute, Mich. Comp. Laws Ann., sec. 287.351, is 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.

Michigan’s dog bite law is a strict liability law, meaning a dog owner is usually liable for injuries caused by a dog bite regardless of any attempts by the dog’s owner to prevent harm from occurring. Accordingly, claiming that the dog has never attacked anyone, has never showed aggression, or even that the dog did not know the person well (as with postal workers or groundskeepers), will not exempt the owner from liability. This does not, however, mean that there is never a defense in a dog bite case. Strict liability applies, for example, when no provocation occurred and when the victim was lawfully on the owner’s property. Therefore, if the dog was provoked and/or the victim was a trespasser you may have a defense.

The financial consequences of a dog bite lawsuit can be considerable. If you have been sued because your dog allegedly attacked someone, contacting a Michigan dog bite attorney immediately is your best course of action.

Dog bites can leave the victim with serious, even life-threatening, injuries. Even a relatively minor bite can often become infected and put the victim at serious risk for permanent injury. If you are a dog owner, it is important to know what the Michigan laws are regarding your liability should your dog attack someone on your property or in a public place. Failing to know or understand the law is not a defense should your dog injure someone. One question dog owners often ask is “ What if my dog bites a trespasser – am I still responsible? ”

The State of Michigan is one of many states that have a “strict liability” dog bite law. For an injured party in any type of personal injury accident to be entitled to compensation the law must first provide a basis for that compensation. Typically, the law requires the injured party to prove that the defendant’s negligence was the cause of (or a contributing factor) the accident. Negligence requires the plaintiff to show that the defendant owed a duty of care to the plaintiff and that the duty of care was breached, resulting in injury. Intentional conduct can also be the basis of a personal injury lawsuit. When strict liability is used it basically means that the plaintiff (the injured party) is not required to prove anything other than the fact that the defendant’s conduct injured the plaintiff. The defendant’s state of mind is irrelevant as are any steps taken by the defendant to try and prevent the harm.

Mich. Comp. Laws Ann., sec. 287.351 states:

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.

Note that the statute specified “lawfully on private property”. A trespasser, by definition, is not on your property lawfully. Therefore, you are not held to a strict liability standard with regard to injuries sustained by a trespasser as a result of a dog bite. This does not necessarily mean you are completely out of the woods as far as liability goes.  Some courts will still find a dog owner liable if the owner failed to take even the most basic precautions to prevent harm to anyone who enters the property.

If you have been injured in a dog bite attack, or you are the owner of a dog who caused injuries, consult with an experienced Michigan dog bite attorney immediately.