Michigan Dog Bites

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Michigan’s Dog Bite Law

 Michigan’s Dog Bite Law is considered a strict liability law.  This means a person whose dog bites another person is liable for the injuries, medical bills and pain and suffering that dog causes.  The only thing that a person bitten by a dog needs to prove is that:

1. The Defendant was the owner of the dog.
2. That the dog bit the Plaintiff.
3. Damages or the value of the bite.

 Once these elements are proven the owner of the dog, usually their homeowners insurance, will be liable to pay for the damages.

 Often these damages can be significant in the form of medical bills, permanent scarring, psychological trauma, future medical bills, risks of infection and nerve damage that may last far into the future.

 Dog Bite Facts:

 Thousands of persons are bitten by dogs each year.  Often these dog bites occur to children or delivery persons (ie; postal employees, newspaper delivery).  Often times the dogs responsible for these injuries are small family dogs who are very territorial in nature.  Other times these bites are from dogs who have a reputation for viciousness.

 Michigan’s Dog Bite law does not require prior knowledge of viciousness.  The Dog Bite law does away with the old common law “one free bite rule”.  The Michigan legislature recognized that dog owners must be responsible to protect the community and children from their pets.  Each year approximately 800,000 people receiving medical treatment from dog bites, half are children.  Vicious dog attacks scar, injure and even kill.

 Dog Bite Defenses

 There are very few defenses for a home owner to a dog bite claim.  The only defenses the Michigan Dog Bite Law recognizes is Provocation and Trespass.  Often an insurance company will try to assert one of these two defenses.  However, what the insurance adjuster states as a trespass or provocation is not always consistent with the law.  That is why it is important that you contact our office and know your legal rights.

 Michigan Statute of Limitations

 Michigan law allows a person who has been bitten by a dog up to three years from the date of the bite or incident to file a claim.  There are exceptions such as if the person is a minor under the age of 18.  If the person is a minor at the time of the incident then they have until their 19th birthday to file a claim.  If you or you child has been bitten by a dog you should contact our office immediately.  It is important to preserve the evidence for your claim.  Immediately contact our office and then record the event through animal control, the police, or your physician.

 Value of your Dog Bite Case

 While each case is different and determining the value of your case is a difficult process we believe that all dog bite cases have value.  The only question based on the strict liability nature of Michigan’s statute is what are the damages and what is the value of your case.  Many times it is important to wait and see how the scarring and injuries heal to determine the appropriate value, other times it is better to proceed immediately.  The Barrix Law Firm has successfully represented dog bite victims throughout Michigan.  While insurance companies look for reasons to devalue your claim we fight to increase the value, often getting 2-5 times the insurance companies original offer to settle.

 A Lawyer Fighting For you

 Unlike many Law Firms we handle your claim for you.  We don’t refer the claim to another lawyer and were right here in your community.  We are not afraid to file suit and fight for you in Court if the insurance company does not meet their responsibility.  Contact our office and we’ll fight for you to.

 What to do if bitten by a dog

• If possible thoroughly clean the wound with soap and water.

 

• Contact your doctor or go to the emergency room or medical center.

 

• Call an ambulance if necessary.

 

• Report the bite to the local animal control or police department.  Be sure to clearly identify the dog by size, color, breed, id tags, collar color, unusual characteristics, the owners name and address if known, if the dog is a stray or constantly loose, what direction the dog went and if the dog has a history of running loose or biting.

 

• DO NOT talk with an insurance adjuster until you contact our office!

 

• Take photos or video tape of the bite and the healing process.  Ask the hospital to take pictures.

 

• Keep a record of all medical expenses, doctors, hospitals, prescriptions and keep all appointments.

 

• Do Not discuss a potential lawsuit with anyone including doctors and nurses.

Contact our office by email or 24 hour phone.

Why the Barrix Law Firm?

Simply put experience the Barrix Law Firm has the experience you need to fight the insurance companies to get the maximum compensation the law says that you are entitled to.  I will fight for you from the first appointment until the case is resolved.

WE’RE HERE FOR YOU!

Our  phones are answered 24 hours a day, every day of the year.  We will come to your home or the hospital for your convenience. Our office will assist you in every step of your case and fight for you.Remember. . .

 

 “There is Never a Fee Unless We get Money for YOU!”