Understanding Dog Bite Claims and Victim Rights in Michigan

Michigan has a strict liability law when it comes to dog bites. Under MCL 287.351, the dog owner is liable for injuries caused by that dog if the victim is bitten while they are on public property or legally on private property. Some cities in Michigan may also have strict liability laws when it comes to dog bites that go beyond state laws.

Michigan law does not require the victim to prove that the dog owner knew the dog was dangerous, had a history of aggression, or that the owner of the dog was negligent, which differs from many other state dog bite liability laws.

What to Do After a Dog Bite in Michigan

If you've been bitten by a dog, it’s crucial to take immediate steps to protect your health and your legal rights:

1. Seek Medical Attention: Even if the bite seems minor, seek medical attention immediately. Dog bites can cause infections, and the injuries might be more serious than they initially appear.

2. Document the Incident: Take photos of the injury, the dog, and the scene of the incident, If possible. Document details about the event, such as when and where it occurred, the dog's behavior, and any witnesses of the incident.

3. Identify the Dog and Owner: Obtain the contact information for the dog owner. If the dog is a stray, try to get a description and report the incident to animal control.

4. Report the Bite to Authorities: In Michigan, you should report the dog bite to local animal control or law enforcement. The authorities may need to check the dog's vaccination records, particularly for rabies, and ensure the dog is not a danger to others.

5. Contact an Attorney: An experienced personal injury attorney can help you understand your rights and guide you through the process of filing a dog bite claim.

Types of Compensation Victims Can Pursue

If you’ve been the victim of a dog bite in Michigan, you may be entitled to several types of compensation. These include:

1. Medical Expenses: This includes the cost of immediate treatment, surgeries, hospital stays, and long-term care if the bite results in permanent injury or disability.

2. Lost Wages: If your injuries cause you to miss work, you can seek compensation for lost income.

3. Pain and Suffering: Compensation for emotional distress, physical pain, and the impact the injury has on your quality of life can also be pursued.

4. Permanent Disability or Disfigurement: If the bite leads to permanent scars, physical disabilities, or long-term emotional trauma, you may be entitled to compensation for those effects.

5. Punitive Damages: In rare cases, if the dog owner’s actions were grossly negligent or malicious, a court may award punitive damages to punish the owner and deter similar conduct in the future.

Defenses to Dog Bite Claims

While Michigan’s dog bite law is favorable to victims, there are some defenses that dog owners may raise:

1. Provocation: If the victim provoked the dog—such as by teasing, hitting, or startling the animal—the owner may argue that the bite was provoked, and thus, they should not be held liable.

2. Trespassing: If the victim was trespassing on the property where the bite occurred, the owner may not be liable for the injury.

3. Assumption of Risk: In some cases, if the victim was engaging in an activity where there was an inherent risk of a dog bite (e.g., working as a dog trainer), the owner may argue that the victim assumed the risk.

Statute of Limitations in Michigan

It’s important to note that the sooner you can take action and pursue a dog bite claim, the better your chances for dog bite compensation. Michigan has a statute of limitations for personal injury claims. In dog bite cases, the victim typically has three years from the date of the bite to file a lawsuit. If the victim does not file within this time frame, they may lose their right to seek compensation.

Conclusion

Michigan’s strict liability laws make it easier for dog bite victims to pursue claims for their injuries. Victims do not need to prove negligence or a history of dangerous behavior on the part of the dog to seek compensation. However, it’s still important to act quickly, seek medical care, document the incident, and consult with a personal injury attorney to ensure that your rights are protected. The Nunley Law Group has experienced personal Injury attorneys that can secure the compensation you deserve to recover from the physical, emotional, and financial consequences of a dog bite.

If you’ve been bitten by a dog in Michigan, don’t hesitate to reach out to us at The Nunley Law Group to discuss your case and explore your legal options.