The Myth of the 'One Free Bite'
There is a common misconception about dog bites that persists in pop culture. People believe that if a dog has never bitten anyone before, if it’s a 'good dog', the owner isn't responsible the first time it snaps. In many states, this is actually true. It’s called the 'One Bite Rule.'
Michigan is not one of those states.
In Michigan, we have a specific statute (MCL 287.351) that creates Strict Liability for dog owners. This means that if a dog bites a person, the owner is liable for the damages, regardless of the dog’s history or the owner’s knowledge of any viciousness. The owner could have the friendliest Golden Retriever in the neighborhood; if that dog bites you, the owner is responsible.
The Only Two Defenses
Because the law is so strict on owners, defense attorneys and insurance companies only have two real arguments they can use to deny your claim. If you are injured, they will try to pin the blame on you using one of these exceptions:
1. Provocation
The law states that the owner is liable only if the victim did not provoke the dog. This is the most common battleground in dog bite cases. Insurance adjusters will try to argue that you did something to trigger the attack.
However, under Michigan law, 'provocation' usually requires more than just petting the dog or walking near it. It typically implies a deliberate act to annoy or threaten the animal. But be warned: if a child pulls a dog's tail or hits the dog, a court might view that as provocation. This is why gathering witness statements immediately is critical.
2. Trespassing
To recover damages, you must be lawfully on the property where the bite occurred. This covers:
- Public places (parks, sidewalks).
- Private property where you are an invited guest.
- Private property where you are performing a duty (mail carriers, delivery drivers, meter readers).
If you were breaking into a home or trespassing on land marked 'No Trespassing,' strict liability generally does not apply.
What About Leash Laws?
Even if a bite doesn't happen, Michigan has strict leash laws. In most counties, it is illegal for a dog to run at large. If a dog knocks you over while jumping on you, causing a broken hip or wrist, even if they don't bite, that is still a negligence case. While it falls outside the 'Dog Bite Statute,' it falls squarely under general negligence and premises liability.
The Scars Are More Than Skin Deep
Dog bites are unique because they often leave permanent scarring and deep psychological trauma. In personal injury law, we look at damages in three categories for these cases:
- Medical Costs: ER visits, stitches, rabies shots, and antibiotics.
- Cosmetic Reconstruction: Plastic surgery is often needed, especially for facial bites. These costs can be astronomical.
- Psychological Damages: PTSD is common after an attack. Many victims develop a lifelong fear of dogs. In Michigan, you are entitled to compensation for this emotional distress.
Who Pays?
Many clients hesitate to sue because the dog owner is a friend, neighbor, or family member. They don't want to bankrupt someone they know. It is important to remember: We are generally not suing your neighbor personally; we are pursuing their Homeowners Insurance.
Most homeowners and renters insurance policies have specific coverage for dog bites. That is what insurance is for, to pay for accidents so the individual doesn't have to. At Shiraz Law Firm, we handle these delicate situations with diplomacy, ensuring you get the medical care you need without destroying your relationships.
