Dog Bite & Animal Attack Claims in Michigan
Dog attacks are traumatic and often result in serious injuries that significantly disrupt quality of life for individuals and families. In Michigan, victims of dog bites have powerful legal rights. These legal rights include claims under Michigan’s strict-liability statute, MCL 287.351, as well as negligence claims involving improper restraint or known dangerous animals.
Statutory Strict Liability for Dog Bites in Michigan
Michigan has one of the strongest dog bite laws in the country. Under MCL 287.351, a dog owner is strictly liable for damages if their dog bites someone:
The statute reads:
Mich. Comp. Laws § 287.351 – Person bitten by dog; liability of owner.
(1) If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.
(2) A person is “lawfully on the private property of the owner of the dog” within the meaning of this act if the person is on the owner’s property in the performance of any duty imposed upon him or her by law or by U.S. postal regulations, or if the person is on the owner’s property as an invitee or licensee … unless the person has gained lawful entry for the purpose of an unlawful or criminal act.
Why This Matters for Your Case
Because Michigan’s statute imposes strict liability under these conditions, the victim does not need to prove that the owner was negligent or knew the dog was dangerous. This makes the owner’s liability easier to establish than an ordinary negligence claim. That said, the statute has important defenses (trespass, provocation) and limits (only for actual bites).
Leash Law Violations
While the Michigan dog-bite statute focuses on the bite itself, Michigan also has restraint and “running at large” laws that create additional layers of legal context — particularly in claims involving unleashed or roaming dogs.
Under the Dog Law of 1919 (Act 339) (now codified in part at MCL 287.262), it is unlawful for an owner to allow a dog to stray unless the dog is properly held in leash. Specifically, MCL 287.262 provides that: “It shall be unlawful for any owner to allow any dog … to stray unless properly held in leash.” Further, many municipalities have their own code provisions requiring that dogs be kept on a leash.
Why It Matters
1. A dog found running at large or not properly restrained under Michigan law may trigger a rebuttable presumption of negligence, even if the bite statute doesn’t apply.
2. Whether the dog was unleashed, escaped confinement, or violated a “running at large” law can significantly strengthen your position.
3. If the dog attacked outside the owner’s property (or on public property) and was off leash, that fact can support a negligence claim.
Common-Law Claims
Even when § 287.351 does not apply (for example because no actual bite occurred), Michigan law still permits other causes of action: common-law strict liability, common-law negligence, and premises/custodian liability.
Common-Law Strict Liability
Under Michigan common law, a possessor of a domestic animal can be strictly liable if three elements are met:
1. The defendant possessed or harbored the animal.
2. The defendant knew or had reason to know of the animal’s abnormal dangerous propensity.
3. The harm resulted from that abnormal dangerous propensity.
In Hiner v Mojica, 271 Mich App 604 (2006), the Court held that common-law strict liability requires evidence of knowledge of abnormal dangerous propensity; mere jumping or running of the dog did not suffice.
Common-Law Negligence
Even when strict liability is unavailable, a dog owner may be negligent if they:
1. Failed to effectively control the dog;
2. In a situation where injury is reasonably foreseeable.
In Trager v Thor, 445 Mich 95 (1994), the Michigan Supreme Court held that duty depends on the manner of control and the foreseeability of harm.
Extended Liability: Custodians, Landlords, Property Owners
While the statute targets the dog owner specifically, liability may extend to others (owners, keepers, harborers) under the common-law theories — for example landlords, property owners, employers whose dogs attack, or individuals who have control over the property or animal. Key factors may include: prior knowledge of the dog’s aggressiveness, control over the property or common areas, violation of lease terms, or failure to remove a dangerous animal.
In Hamade v Garza, the Michigan Court of Appeals held that a landlord who knew of a tenant’s dangerous dog and failed to act could owe a duty under premises liability/negligence theories.
Trespass & Provocation: Defenses
Types of Recoverable Damages
Victims may recover compensation for: medical bills, future care costs, lost wages, pain and suffering, scarring/disfigurement, emotional distress, and other related damages. Under the statute, liability is for any damages suffered by the victim.
Statute of Limitations
A statute of limitations is a deadline to file a lawsuit. In Michigan, the statute of limitations for a personal injury claim (including a dog-bite claim) is generally 3 years from the date of injury. However, there are limited exceptions that may toll the statutory period, for example, if the victim was a child.
What To Do If You’ve Been Bitten
1. Seek immediate medical attention. Dog-bite wounds carry risk of infection and other complications.
2. Report the bite to local animal control/police.
3. Photograph the injury, the dog (if possible), the location, and any leash/fence/escape route.
4. Preserve evidence: don’t dispose of text messages, pictures, and save veterinary records for the dog.
5. Contact us at JKH Law for a free consultation. We’ll preserve your rights, investigate quickly, and take the fight to the dog-owner’s insurer.
Contact JKH Law, PLC For Legal Advice
If you or someone you care about has suffered a dog-bite or animal attack in West Michigan, call attorney Jonathon Homa at (616) 226-3762 or fill out an online contact form.
JKH Law, PLC
312 Fulton Street East
Grand Rapids, MI 49503
(616) 226-3762 (office)
(616) 988-6504 (fax)
Personal Injury Practice