The State of Michigan is one of several states that have a strict liability dog bite statute. If you are a dog owner it is imperative that you understand Michigan’s dog bite laws. If you have been injured by a dog bite, or are the parent of a child who was injured by one, it is equally important that you understand what strict liability means as it applies to Michigan dog bite injury claims.
The area of the law that addresses injuries to people or property is known as “torts”. All personal injury accident lawsuits are a type of “tort”, including dog bite cases. A tort can be based on one of three types of “means rea”, or state of mind of the defendant. Those three are:
- Intentional torts – an intentional tort is one committed “intentionally” or with pre-planning on the part of the defendant. Assault is an intentional tort. Though it may also be a criminal offense, assault can be the basis of a civil lawsuit for damages as well.
- Negligent torts – most personal injury lawsuits are based on negligent torts. Negligence occurs when the defendant owed a duty of care to the victim and breached that duty of care causing injury to the victim. A car accident caused by a driver who was texting while driving is an example of negligence.
- Strict liability torts – strict liability does not look at the defendant’s state of mind. In a strict liability tort the defendant is liable for damages regardless of any intention to harm on the defendant’s part or on any attempts to prevent harm by the defendant. In Michigan, dog bites are a strict liability tort.
Michigan’s dog bite law is found in Mich. Comp. Laws Ann., sec. 287.351, which states, in pertinent part:
“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.”
In essence, the statute makes the owner of a dog liable for injuries caused by the dog if the dog bites someone who did not provoke the dog and who was lawfully on the owner’s property or who was on public property at the time of the attack.
Contact an experienced Michigan dog bite attorney if you were injured by a dog bite or if you are the parent of a child who was injured by an attack.
- I was hit by a car in a parking lot causing serious injuries, who will pay my medical bills? - May 17, 2016
- What should I bring to my Social Security hearing? - April 19, 2016
- What should I wear to my Social Security hearing? - April 5, 2016
Leave a Reply