Michigan Dog Bite Laws
By Kit Yona, M.A. | Legally reviewed by Katrina Wilson, Esq. | Last reviewed April 08, 2024
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Dogs and humans have been sharing their lives together for over 12,000 years. And as of 2018, 48% of Americans owned at least one dog. It’s not a perfect relationship, though, and when things go wrong, dog bite injuries are usually involved.
While dogs can't always be blamed for exhibiting their natural behavior, their owners can be held responsible for a dog attack by their pet. In this article, we're going to examine the specifics of Michigan dog bite laws, who can be held liable in a dog bite case, and what defenses, if any, a dog owner has against a dog bite claim.
Strict Liability for Dog Bites
Michigan recognizes strict liability when it comes to dog bites. This means that the owner of the dog is liable for dog bite injuries or property damage caused by their pet unless they can properly defend against the claims.
The owner may try to defend against liability by showing that the injured person provoked the dog or that the victim was trespassing on the dog owner’s property when the bite occurred.
What Happens After a Dog Attack
If you’re the dog bite victim, the first and most important thing you can do is seek immediate medical attention. Dog bites are often punctures that can be infected by bacteria from the dog’s mouth. You may be able to judge how serious the injury is, but if you have any doubts, err on the side of caution and see a doctor.
Doctors in Michigan are not required to alert the authorities after treating a dog bite, although they must inform local animal control officials. Once you’re patched up, you should file a dog bite claim with the police. The dog owner’s insurance company may balk at paying your claim if you neglect to do this, even if you have serious injuries.
In addition, if you plan on filing a dog bite lawsuit later, it’s absolutely crucial that you have a dog bite claim in place. If you have any questions, consider reaching out to a dog bite attorney for legal guidance.
Michigan Dog Bite Laws Overview
It’s important to understand the laws you’ll be dealing with in a dog bite claim, but sometimes the legal jargon can be difficult to decipher. Seeing statutes laid out in plain language can help make the process a little easier. Below is a helpful overview of Michigan dog bite laws.
Dog Bite Statute |
Michigan Compiled Laws Chapter 287, Section 287.351 |
Standard of Proof |
If you suffered a dog bite in Michigan, you don't have to prove that the dog owner was at fault or was negligent. Rather, you must show the following:
A person is considered lawfully in the owner's private place under the following conditions:
|
Damages |
The amount of money someone can recover depends on:
|
Statute of Limitations |
The amount of time you have to file a lawsuit for a dog bite is three years. This begins running from the date that the dog bite occurred. |
Michigan also has leash laws that are very strict and require a dog to be leashed — unless it’s either working or hunting — if the dog is taken off the owner’s private property.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Common Michigan Dog Bite Law Queries
While no two dogs are exactly alike, there are similarities between some of their dog bite cases. Following are some frequently asked questions about dog bites in Michigan.
Does Michigan have a “one bite rule”?
Some states have a "one bite rule,” which means if a dog has no history of aggression and bites someone for the first time, an owner may not be held fully liable. This is because the owner lacked notice of the dog's viciousness, even if it occurred on public property.
This rule does not apply in Michigan, which follows a policy of strict liability (see more above).
Is there a limit on damages in Michigan dog bite cases?
While some states limit the amount of money that can be awarded in personal injury cases that involve dog bites, Michigan is not one of them. The amount awarded can depend on a number of factors, including:
The severity of the injuries
The medical bills involved
The owner’s knowledge of their dog’s viciousness
Any disfigurement
Other reasons may apply as well. If you have any questions about pursuing a personal injury lawsuit, speaking with a dog bite attorney is a good idea.
Are any dog breeds banned in Michigan?
The state of Michigan does not have any breed bans, but as of 2020, over 30 municipalities have breed-specific legislation (BSL) in place that either heavily regulates or outright bans certain breeds of dogs. Check to see if your city or county has any breed bans.
As dogs of every breed are capable of attacking humans, some argue that these are well-meaning but misguided “quick fixes” that unfairly stigmatize certain dogs.
As of 2023, there is legislation pending in the Michigan Congress that would prohibit towns from outlawing any breed of dog.
Michigan Dog Bite Laws: Related Resources
Learn More About Michigan Dog Bite Laws From an Attorney
If you've been bitten by a dog and suffered injuries as a result, you should talk to a legal professional. Even if you didn't seek immediate medical attention, you may be able to recover damages. Contact a local Michigan personal injury attorney who can investigate how Michigan dog bite laws apply to your specific situation.
If your dog has been accused of a dog bite attack, a personal injury lawyer who specializes in defense can be an important advocate for you and your canine companion.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.