Few things are more frightening than being attacked by a dog. Such an attack can leave the victim severely injured and traumatized. Tragically, the injuries can sometimes be fatal. In Michigan, there are three theories of liability for injuries involving dogs. First, a person can bring a lawsuit under the Michigan dog bite statute, MCL 287.351. Second, a suit can be brought under Michigan common law strict liability. Last, a plaintiff can bring a claim asserting basic negligence principals against the dog owner.
Dog Bite
Under the Michigan dog bite statute, a dog bite victim can recover damages even if the dog owner is unaware of the dog's viciousness. Basically, as long as the dog bite victim did not provoke the animal and is not trespassing on private property, the owner of the dog can be held liable. This is true even if the victim is on the private property of the dog owner.
Under the statute, a person is lawfully on the private property of the owner of the dog if the person is on the owner's property in the performance of any duty imposed upon him or her by the laws of Michigan, or postal regulations of the United States, or if the person is on the owner's property as an invited guest, business customer or client.
Like other states, there is no free bite rule in Michigan. Dog owners can be liable the very first time their dog bites someone. Money damages are recoverable to a dog bite victim through the dog owner's homeowners insurance policy.
The main defense in dog bite cases is provocation. Provocation need not be intentional to be used as a defense, meaning the defendant can still use this defense even if the dog bite victim did not intend to provoke the animal. However, this defense is limited in scope and is usually successful in only limited situations.
Dog Attacks
Most dog bite cases involve scars and injuries resulting from a dog physically biting the victim. However, individuals can also recover for injuries in dog bite cases without being bitten by an animal. Injuries caused by dogs clawing or knocking someone over are also compensable in Michigan. Individuals in these situations may recover damages from the dog owner.
To avoid getting attacked by a dog, there are a number of safety precautions you should utilize. These safety tips include:
- Never approach any dog while it is eating, sleeping, or caring for puppies
- Never try to pet a dog until you let it see you and smell you
- Never leave children alone with any dog
- Never be aggressive with a dog, stare it in the eye, or run from it
- If a dog does attack, stay still
- If a dog knocks you down, roll into a ball to protect yourself
If you are bitten or attacked by a dog, you should complete the following steps:
- Stay calm and do not further aggravate the dog or get in an argument with the dog owner
- Identify the dog
- Seek medical attention
- File a police report or incident report with the local authorities
- Don't make any recorded or written statements to the owner or any insurance company
- Contact an experienced personal injury attorney
At the Law Offices of Lee Steinberg, P.C., we have handled hundreds of dog bite claims, recovering millions for innocent dog bite victims. We approach each case with a dedicated team of experienced professionals who possess specialized knowledge in the field of dog attack law.
The Law Offices of Lee Steinberg, P.C. has represented numerous dog bite accident victims, helping them obtain the compensation they deserve under the law. Please contact our office directly at 1.800.LEE.FREE (533-3733) to find out your rights and how we can begin fighting for you.
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