Current Dog Bite Laws

Not only can a dog be declared dangerous under Michigan law, but an owner can be separately civilly liable under the state’s dog bite law. Michigan has strict liability for dog bites. Put simply, an owner is liable for his or her dog’s bite if the person bitten was lawfully at the location and did not provoke the dog. MCL § 287.351. There is no requirement that the owner has any knowledge of the dog’s viciousness or the dog demonstrates such viciousness. The person bitten must be lawfully in a public place or on private property, including the owner’s property. This includes those performing a state or federal function and those in an invitee or licensee status. The only exclusion under this provision relates to those who have gained entry to the owner’s premises for the purpose of an unlawful or criminal act. MCL § 287.351(2).

The dog bite provision does not apply to service animals used for law enforcement purposes. In Tate v. City of Grand Rapids, 2003 WL 21242850, the court concluded that at the time of the accident in which a police dog bit the plaintiff in the shoulder, the defendant’s police officers were investigating a felonious assault; for that reason, they were engaged in a governmental function. Consequently, the plaintiff ’s claim is barred under the Governmental Tort Liability Act, which provides immunity for government agents.

Further, provocation is a legitimate bar to recovery under the statute. In Bradacs v. Jiacobone, 244 Mich.App. 263; 625 N.W.2d 108, (2001), the court observed that under the statute, where an injured party provokes a dog, the owner is not liable for the injury that results from the bite. Provocation is factually dependent. In Bradacs, the court found that the plaintiff ’s action in reaching down and picking up a ball that she had dropped near where the defendant’s dog was eating did not constitute “provocation” sufficient enough to relieve the defendant of liability.

In contrast, the fact that the dog bite victim was only two years old and did not intend to provoke dog when victim attempted to hug dog on dog owner’s property did not preclude an owner’s provocation defense to liability under Michigan’s dog-bite statute. Palloni v. Smith, 167 Mich.App. 393; 421 NW2d 699 (1988). The focus must be on the injured party’s act rather than his intent, and whether that act was sufficient to provoke rather than his intent, and whether that act was sufficient to provoke the dog’s attack. The issue of ownership and control of a dog also depends on the facts of each case, especially concerning the liability of landlords. In Szkodzinski v. Griff n, 171 Mich.App. 711; 431 N.W.2d 51 (1988), the plaintiff sued the landlord of a house that was being rented out to the owner of the dog that bit the plaintiff ’s son. The court found that the Wayne County ordinance which stated that “any person owning, possessing or harboring any dog shall be responsible for and shall be held accountable for any and all acts or actions of such dog,” did not apply to the landlord because he had no knowledge of the dog’s vicious nature; rather, the liability belongs solely to the owner of the dog.

FAQ's About Michigan Dog Bite Laws and Answers from Michigan Dog Bite Attorneys

Question: What is a dog bite?
Answer: A dog bite is an injury that is the result of a person or object being caught between the teeth of the upper and lower jaws of a dog. Broken skin is not a requirement.

Question: Which dogs most commonly bite? Are some dog breeds more dangerous than others?
Answer: The Centers for Disease Control collects information about dog bite injuries throughout the country.

The breeds that the CDC considers high risk include:
• Pit Bulls
• Rottweilers
• German Shepherds
• Alaskan Malamutes
• Doberman Pinschers
• Chow Chows
• Great Danes
• Saint Bernards
• Wolf-Dog Hybrids
• Huskies

While genetics plays a part in a dog’s tendency to attack, other factors also affect a dog’s behavior. These factors include whether the animal is humanely trained, properly socialized, carefully supervised, and safely confined. In short, the key to dog bite prevention for all breeds is responsible dog ownership.

Question: Why do some dogs bite?
Answer: There are many reasons why dogs bite. A dog may bite out of fear, or to protect its territory, or to establish dominance over the victim. Some owners mistakenly teach their dogs that biting is an acceptable form of playing. And every year a number of newborn infants die when they are bitten by dogs that see them as "prey." Because dog bites occur for many different reasons, dog owners need to be responsible for taking the steps necessary to stop their animals from causing harm.

Question: What do I do if I have been bitten by a dog?
Answer: If you are attacked by a dog, here are some things you can do immediately to take care of a serious wound:

• Apply pressure to the wound area to stop the bleeding.
• Raise the injured area elevated above the level of the heart to slow swelling and prevent infection.
• Wash the wound gently with soap and water.
• Seek medical attention promptly.
• Report the incident to the police or animal control office.

Question: What should I do if my dog bites someone?
Answer: If your dog bites someone, act responsibly by taking the following steps:

• Confine your dog immediately.
• Check on victim’s condition. Call for emergency medical help if necessary.
• Provide the victim with necessary information, including the date of your dog’s last rabies vaccination and whether your dog had any serious illnesses.
• Cooperate with the animal control officials. Obey their directions about quarantining your dog in your home, a veterinary hospital, or an animal control facility.
• Seek professional help to prevent your dog from biting again. Get a referral from a veterinarian, animal control agency, or humane society for a dog trainer or an animal behavior specialist in your area.
• If you cannot control your dog’s dangerous behavior and decide to sell it or give it away, be careful about selecting a new owner. Tell that person about the past dog attacks and ask whether the individual is willing and able to prevent the dog from causing further harm.

Question: If my neighbor's dog bit me on my own property, do I have a legal claim?
Answer: It depends on the circumstances. In Michigan, where the state law imposes "strict liability" on dog owners, where you may need only to prove that the dog injured you. The place where the dog attack happened usually is a secondary issue.

Question: Can a person bring a legal claim if he or she was bitten by a stray dog? If so, against whom?
Answer: In most situations, a person bitten by a stray dog does not have a legal claim. City and township governments are generally not responsible for injuries cased by stray dogs. However, you might have a claim if the dog escaped from a local animal shelter or veterinary hospital, due to the negligence of staff at the facility.

Question: If a dog bit me while I was working, can I file for workers' compensation?
Answer: If the injury occurred during the course of your normal work duties, you will most likely be able to file a claim for workers' compensation with your employer. In addition to your workers' compensation claim, if the owner of the dog is not your employer, you may be able to bring a legal claim against that person as well.

Question: Do I have a claim if I went into a private home or onto private land to do work, and was bitten by the property owner's dog?
Answer: In most cases, if a property owner asks a person to enter property to perform work, the owner has a legal responsibility to make reasonable efforts to protect the worker from injury. Thus, the owner has a duty to keep his or her dog away from you or warn you about its presence.

If the dog attacks, you also may have a workers' compensation claim against your employer. Because every case is unique, however, you need to protect your legal rights by contacting an experienced attorney immediately.

Question: A police dog bit me. Do I have a claim?
Answer: It depends on the circumstances. Police cannot use excessive force when making an arrest or performing other duties. The improper use of a police dog might be considered unreasonable force. If you believe that you were in this situation, you should contact an experienced Michigan dog bite lawyer for legal assistance in determining whether you have a legal claim for compensation.