Dog Bites
Michigan's Dog Bite Law Is Strict Liability — and That Changes Everything About Your Claim
Most personal injury cases require you to prove someone was negligent. Dog bite cases in Michigan are different. Under MCL § 287.351, Michigan is a strict liability state for dog bites. That means the dog's owner is liable if their dog bites you — period. You don't have to prove the dog was known to be dangerous. You don't have to prove the owner was careless. You just have to prove the bite happened and you weren't provoking the animal.
I've handled dog bite cases at Koussan Law ranging from puncture wounds that required stitches to mauling attacks that caused permanent scarring, nerve damage, and deep psychological trauma — particularly in children. These cases are more common than people realize, and the injuries are often far more serious than the initial emergency room visit suggests.
What Michigan's Strict Liability Statute Actually Requires
Under MCL § 287.351, the dog owner is liable for a bite if three conditions are met: the dog bit you (not just knocked you down or scratched you — the statute specifically covers bites), you were in a place where you had a lawful right to be (public property, or private property where you were an invitee or licensee), and you did not provoke the dog. That's it. No prior bite history required. No proof that the owner knew the dog was aggressive. The statute eliminates the old "one free bite" rule that some states still follow.
The provocation defense is the main weapon insurance companies use in dog bite cases. They'll argue the victim was teasing the dog, making sudden movements, or encroaching on the dog's space. With children especially, this argument is offensive but predictable. A four-year-old reaching toward a dog is not legal provocation. I build the record to make that clear — witness statements, behavioral expert testimony when needed, and medical evidence documenting the severity of the attack.
Dog Bite Injuries Are More Serious Than People Think
A dog bite isn't just a puncture wound. Dog attacks frequently cause deep tissue damage, crush injuries to bones in the hands and forearms, nerve damage resulting in permanent loss of sensation or motor function, tendon and ligament tears, severe infections requiring IV antibiotics or surgical debridement, and extensive scarring that may require multiple reconstructive surgeries. Children are particularly vulnerable because bites to the face and neck — which are more common in child victims due to their height — can cause permanent disfigurement.
The psychological impact is equally significant. Post-traumatic stress disorder, anxiety around animals, nightmares, and behavioral changes in children are documented consequences of dog attacks. Michigan law allows recovery for these psychological injuries as part of your non-economic damages.
Frequently Asked Questions
Q: Does the dog owner's homeowner's insurance cover dog bite claims?
In most cases, yes. Homeowner's and renter's insurance policies typically include liability coverage for dog bites. The standard policy provides $100,000 to $300,000 in liability coverage. Some policies exclude certain breeds or dogs with prior bite history, so the coverage analysis matters. I've handled cases where the homeowner's policy excluded the breed, but an umbrella policy provided additional coverage. Identifying all available insurance is part of my job.
Q: What if the dog wasn't on a leash or was running loose?
Michigan's strict liability statute applies regardless of whether the dog was leashed. However, if the dog was running at large in violation of a local leash ordinance, that violation can support additional negligence claims beyond the strict liability statute. Many Michigan municipalities have leash laws, and violating them strengthens your case by establishing the owner's negligence in failing to control the animal.
Q: Can I sue a landlord if a tenant's dog bites me?
Potentially, yes. While the strict liability statute targets the dog's owner, a landlord may be liable under general negligence theories if they knew the tenant had a dangerous dog and failed to take action — for instance, failing to enforce a lease provision prohibiting dangerous animals or failing to address complaints about a dog's aggressive behavior. These claims require proving the landlord had knowledge of the danger and failed to act.
Q: What is the deadline to file a dog bite claim in Michigan?
Three years from the date of the bite under MCL § 600.5805. If the dog's owner is a government entity or employee acting in an official capacity, the 120-day notice requirement may apply. Don't wait — evidence of the dog's behavior, witness availability, and the full extent of your injuries (especially scarring that may require future surgery) all become harder to establish over time.
