Michigan Dog Bite and Animal Attack Claims
A dog bite can leave more than a painful wound. Victims may face infection, surgery, permanent scarring, lost income, and lasting anxiety around animals. When a child is attacked, the physical and emotional effects can continue long after the initial medical treatment ends.
Michigan law gives dog-bite victims important protections. In many cases, the owner is responsible even if the dog had never bitten anyone before. Other claims may be available when a dog knocks someone down, chases a cyclist, escapes its restraint, or causes an injury without actually biting the person.
JKH Law represents people injured by dogs in Grand Rapids, throughout West Michigan, and across the state. To discuss an attack and the insurance coverage that may apply, call (616) 226-3762 or request a free consultation.
When Is a Dog Owner Responsible for a Bite in Michigan?
Michigan’s dog-bite statute, MCL 287.351, generally makes a dog owner responsible when:
The victim does not ordinarily have to prove that the owner was careless, that the dog had bitten someone before, or that the owner knew the dog was dangerous. This is sometimes described as Michigan’s strict-liability or statutory-liability rule.
The statute applies to people lawfully visiting another person’s property, including invited guests, customers, delivery workers, contractors, and others who have permission or legal authority to be there. Different considerations may apply if the injured person entered the property to commit an unlawful act.
Michigan Does Not Follow a “One-Bite Rule”
Some people assume that an owner gets one “free bite” before becoming responsible for an injury. That is not Michigan law.
For a claim under MCL 287.351, the dog’s former behavior and the owner’s prior knowledge are generally irrelevant. A person may have a valid statutory claim even if the owner insists that the dog had always been friendly or had never bitten anyone.
Prior behavior can still matter in a negligence or common-law claim, particularly when an attack did not involve an actual bite or when someone other than the owner may bear responsibility.
Who Usually Pays a Dog-Bite Claim?
Many dog-bite claims are paid through insurance rather than directly from the dog owner’s personal funds. Depending on the circumstances, coverage may be available through a homeowner’s policy, renter’s policy, business policy, or another form of liability insurance.
This matters when the dog belongs to a friend, neighbor, relative, or another person the victim knows. Pursuing a claim does not necessarily mean asking that person to pay medical bills and other losses personally. An attorney can investigate the available coverage and communicate with the insurer while the injured person concentrates on treatment and recovery.
What Counts as Provocation?
Provocation is an important issue because an owner is not liable under MCL 287.351 when the dog bit after being provoked.
Michigan law does not limit provocation to deliberate teasing, striking, or mistreatment. An unintentional act can qualify if the act was sufficient to cause the dog’s reaction. In Brans v. Extrom, 266 Mich. App. 216; 701 N.W.2d 163 (2005), a guest accidentally stepped on a dog before being bitten. The Michigan Court of Appeals held that the person’s intent was not controlling and that provocation may include intentional or unintentional conduct.
That does not mean every movement near a dog amounts to provocation. The question normally depends on the specific circumstances, including what the person did and whether that conduct would reasonably be expected to cause a similar reaction from a normal dog. Because insurers may use the word “provocation” broadly, the facts surrounding the moments before the bite should be investigated carefully.
What If the Dog Did Not Bite?
MCL 287.351 applies when a dog bites a person. It does not govern every injury caused by a dog.
A person may still have a negligence or common-law claim after being:
In Hiner v. Mojica, 271 Mich. App. 604; 722 N.W.2d 914 (2006), a cable technician injured his leg while attempting to escape a dog. Because the dog did not bite him, the statutory claim did not apply. The Court of Appeals nevertheless allowed his negligence claim to proceed because the circumstances could support a finding that the owner should have anticipated the danger and exercised greater control over the dog.
The law therefore distinguishes between a statutory bite claim and a negligence claim arising from other dangerous conduct. The facts may support more than one legal theory, and each theory has different requirements.
Negligence and Improper Restraint
A dog owner is not automatically negligent merely because a dog was outside or momentarily uncontrolled. The question is whether reasonable care was used under the circumstances.
A failure to comply with Michigan’s leash requirements or an applicable local ordinance may support a negligence claim, particularly when a dog was loose or improperly restrained and caused a foreseeable injury. Relevant facts can include:
MCL 287.262 addresses dogs running at large and the obligation to keep a dog properly restrained when the statute applies. Municipalities may impose additional requirements through local ordinances.
Prior Aggression and Common-Law Strict Liability
Michigan also recognizes a common-law claim when a person possesses a dog with abnormally dangerous tendencies, knows or should know about those tendencies, and the known danger causes an injury.
A prior bite is strong evidence, but it is not the only evidence that may matter. Previous attacks on people or animals, repeated attempts to bite, and other unusually dangerous conduct may establish notice.
Ordinary dog behavior is not necessarily enough. In Hiner v. Mojica, the Court of Appeals explained that barking, growling, jumping, or approaching strangers threateningly will ordinarily not, by itself, prove that a dog has an abnormally dangerous propensity. Those facts may still be relevant to negligence if they made an injury foreseeable and the owner failed to use reasonable care.
Can Someone Other Than the Owner Be Responsible?
The statutory claim under MCL 287.351 applies to the dog’s owner. Claims against other people require a separate legal basis.
A person who exercises substantial, owner-like control over a dog may qualify as its keeper for purposes of common-law strict liability. Temporary supervision is generally not enough. In Trager v. Thor, 445 Mich. 95; 516 N.W.2d 69 (1994), the Michigan Supreme Court held that a temporary caretaker was not a keeper merely because he briefly supervised the home and dog. The Court nevertheless allowed a negligence claim because a temporary caretaker may still be responsible for failing to use reasonable care in controlling an animal.
Claims involving landlords and property owners are particularly fact-dependent. Relevant considerations may include control over the property, knowledge of a specific danger, prior complaints, the condition of fences or common areas, and the ability to take reasonable action.
A landlord is not automatically responsible simply because a tenant owns a dog. In some circumstances, however, a landlord’s knowledge of a dangerous dog and failure to respond reasonably may support a negligence claim. The location of the attack and the landlord’s actual control over the condition creating the danger can be important.
Compensation Available After a Dog Bite or Attack
Compensation depends on the nature and severity of the injury. A claim may include:
Dog bites to the face, hands, arms, and legs can leave permanent scars or impair movement and sensation. Children may require additional treatment as they grow. Photographs taken throughout the healing process can be important because the appearance of an injury often changes considerably between the attack and the resolution of a claim.
What to Do After a Dog Bite or Attack
Get medical attention
Dog bites can damage tissue beneath the skin and carry a significant risk of infection. Prompt medical care also creates a record of the injury and the treatment it required.
Report the incident
Report the attack to animal control or the appropriate local authority. Ask how to obtain a copy of the report and whether the dog has a documented bite or complaint history.
Identify the dog and its owner
Obtain the owner’s name, address, telephone number, and insurance information if possible. Confirm the dog’s identity and vaccination status.
Photograph the injuries and location
Take clear photographs as soon as possible and continue documenting the healing process. Photograph the dog, leash, chain, fence, gate, yard, sidewalk, or other physical condition involved when it is safe to do so.
Preserve communications and witness information
Save messages with the owner, photographs, video, medical records, damaged clothing, and contact information for witnesses. Do not assume that animal-control or veterinary records will remain available indefinitely.
Be cautious with insurance representatives
An insurer may ask for a recorded statement or authorization before the full nature of the injuries is known. Statements about how the attack occurred, whether the dog was provoked, or how well the victim is recovering may later be used to dispute the claim.
How Long Do You Have to File a Claim?
Michigan generally applies a three-year limitations period to personal-injury claims, including claims arising from dog bites and attacks. Different timing rules may apply to children and in other unusual circumstances.
A limitations period is only the final deadline for filing suit. Waiting can still damage a claim long before the deadline expires. Video may be erased, witnesses may become difficult to locate, property conditions may change, and records concerning the dog may be lost. Early investigation is especially important when ownership, provocation, insurance coverage, or prior aggression is disputed.
Speak With JKH Law About a Michigan Dog-Bite Claim
Every dog attack presents a different combination of facts: who owned or controlled the dog, where the incident occurred, what happened immediately before it, whether the dog was properly restrained, and what insurance may apply.
JKH Law evaluates those details, preserves available evidence, identifies potential sources of recovery, and handles communications with insurers. If you or someone in your family was bitten, knocked down, chased, or otherwise injured by a dog in Michigan, call attorney Jonathon Homa at (616) 226-3762 or fill out an online contact form to request a free consultation.
JKH Law, PLC
312 Fulton Street East
Grand Rapids, MI 49503
(616) 226-3762 (office)
(616) 988-6504 (fax)
Personal Injury Practice