You're visiting a friend's apartment in Dearborn. You knock on the door. The tenant opens it, and before they can say anything, their landlord's German Shepherd — an animal the tenant warned the landlord about for months — lunges and bites you on the arm.
Now you're in an emergency room, you need stitches, you might need rabies shots, and you're wondering: Can I sue the landlord?
The answer is more nuanced than most people realize. Michigan has a specific statute for dog bite liability, but landlord responsibility involves layers of law that go beyond the simple question of "Who owned the dog?"
Michigan's Strict Liability Dog Bite Statute
Michigan's dog bite law is clear and powerful: Under MCL 287.351, the owner of a dog is liable for damages caused by the dog attacking or biting someone, regardless of whether the owner knew the dog was dangerous.
This is "strict liability," which means the plaintiff doesn't have to prove the dog had previously bitten someone, that the owner knew about the dog's aggressive tendencies, or that the owner was negligent. The moment a dog bites you and causes injury, the owner is liable — full stop.
But here's where landlords complicate things: A landlord is not automatically the dog's owner.
Ownership vs. Harboring: The Key Distinction
Michigan courts recognize two concepts: ownership and "harboring." A landlord might not own the tenant's dog, but if the landlord harbors the dog — meaning they allow or permit the dog to stay on the property with their knowledge — the landlord may share liability with the tenant.
"Harboring" is the critical question in many landlord liability cases. If a tenant's dog bites you, we must investigate:
Did the landlord know about the dog?
Did the lease or rental agreement prohibit dogs? If so, and the landlord knew the tenant had a dog anyway, this suggests harboring.
Did the landlord take affirmative steps to allow the dog?
Did the landlord approve the dog? Did the landlord accept additional "pet rent"? These actions suggest the landlord harbored the dog.
How long did the landlord allow the dog to stay?
If the landlord knew about the dog for an extended period and did nothing, this suggests acceptance and harboring.
When Can You Hold a Landlord Liable for a Tenant's Dog?
Michigan courts have established several scenarios where a landlord can be held liable for injuries caused by a tenant's dog:
Direct Ownership
If the landlord owned the dog (not merely harbored it), strict liability applies immediately. The tenant's dog is still the tenant's responsibility, but if the landlord also owned the animal, liability extends to the landlord.
Harboring the Dog with Knowledge
If the landlord knew the tenant had a dog and took no action to prohibit or remove it, the landlord may have harbored the dog. This is especially true if the landlord benefited from the dog's presence (e.g., accepted pet rent) or if the lease was silent on animals.
Negligent Failure to Warn
If the landlord knew the dog was dangerous — for example, the tenant told the landlord the dog had bitten someone before, or other tenants complained — and the landlord failed to warn visitors or failed to require the tenant to remove the dog, the landlord may be liable for negligence.
Negligent Security or Control
If the landlord had a duty to secure common areas and failed to do so, allowing a dangerous dog to roam freely, the landlord may be liable.
Case Example: Landlord Knowledge and Harboring
Imagine a scenario: A tenant in a Dearborn apartment has a dog with a history of aggression. The tenant mentions this to the landlord. Other tenants complain. The landlord never formally approves the dog, but takes no action either. Months pass. One day, a visitor is bitten by the dog.
In this scenario, the landlord may be liable under a "harboring" theory. The landlord's inaction in the face of knowledge suggests acceptance and permission.
What About Lease Provisions Prohibiting Dogs?
If the lease explicitly prohibits dogs, and the tenant violates this provision by having a dog, does this limit the landlord's liability?
Not necessarily. If the landlord became aware of the dog's presence and did not enforce the lease, Michigan courts may find the landlord harbored the dog anyway. Mere non-enforcement can suggest acceptance.
However, if the landlord immediately took action upon discovering the dog — giving the tenant notice to remove the animal or initiating eviction — this demonstrates the landlord did not harbor the dog.
Damages in Landlord Dog Bite Cases
If you're bitten by a tenant's dog and the landlord is liable, you can recover damages including:
Medical Expenses
Emergency room visits, stitches, rabies treatment, antibiotics, follow-up appointments, and any corrective procedures.
Scarring and Disfigurement
Dog bites on the face, arms, and other visible areas often leave permanent scars. Damages for scarring and disfigurement can be substantial.
Pain and Suffering
The physical pain of the bite and emotional distress (fear of dogs, anxiety, PTSD) are recoverable.
Lost Wages
If the bite injury prevented you from working, you can recover lost wages during recovery.
Insurance and Collection Issues
A critical question in any dog bite case is insurance. Does the landlord carry liability insurance? Does the tenant's renter's insurance cover the dog bite?
Often, landlord insurance policies exclude liability for tenant-owned animals. This can complicate collection. Your attorney must investigate all potential insurance sources.
What to Do If Bitten by a Tenant's Dog in Michigan
Seek Medical Attention Immediately
Get the wound treated, get rabies prophylaxis if needed, and get a medical record of the injury.
Report to Law Enforcement
Many dog bites are reported to local animal control or police. This creates an official record.
Get Information About the Dog and Owner
Get the tenant's name, contact information, and information about the dog. Find out what the landlord knows.
Photograph Your Injuries
Take photos of the bite wound over time to document scarring and healing.
Document the Landlord's Knowledge
If possible, gather evidence that the landlord knew about the dog. Witness statements, emails, previous complaints — all help establish harboring.
Contact an Attorney
Dog bite cases involving landlord liability can be complex. An attorney can investigate the landlord's knowledge of the dog, establish harboring, and pursue all available claims.
Why You Need an Attorney
While Michigan's strict liability statute makes dog owners clearly liable, landlord liability requires investigating the relationship between the landlord, tenant, and dog. It requires understanding "harboring" and proving the landlord's knowledge and actions (or inactions).
If you've been bitten by a tenant's dog in Michigan, contact our firm for a free consultation. We'll investigate the landlord's involvement and pursue all available claims to recover full compensation for your dog bite injury.
