How Do Dog Bite Laws Work?
In the United States, dog bite laws are set by the state legislature, which means that there’s plenty of variability in how liability is determined depending on the jurisdiction. There are essentially 3 different frameworks depending on where you live.
- Strict Liability: Michigan and most other states have explicit dog bite statutes that hold the owner liable for injuries if the victim was lawfully on the property and did not provoke the dog.
- One-Bite Rule: A smaller number of states only hold the owner liable if they knew or should have known that the dog was dangerous. This legal theory is based on common law.
- Hybrid or Modified Rules: A few states have modified dog bite statutes that hold the owner accountable with certain exceptions. For example, liability may be reduced if the dog was properly restrained at the time.
- No Specific Statute: Alabama and South Dakota have limited legislation dealing specifically with dog bites.
What Should I Know About Michigan’s Dog Bite Laws?
Michigan is a strict liability state, which means that dog bite victims have greater legal protections than in many other states. You can find Michigan’s dog bite statute in MCL 287.351 (Liability of Owner for Dog Bite). This law says:
- (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 the laws of the state or by the laws or postal regulations of the United States, or if the person is on the owner’s property as an invitee or licensee of the person lawfully in possession of the property unless said person has gained lawful entry upon the premises for the purpose of an unlawful criminal act.”
This law gives us considerable information. Here are a few key points.
- The bite must occur without provocation. If you were teasing the dog and pulling on its tail, then this law may not cover you.
- In Michigan, the dog does not have to have a history of aggression for the owner to be held liable. This is a common misconception.
- Finally, the person must be on public property or lawfully on private property to be covered. If the dog attacked a burglar, the owner would not be liable because the person was on the property unlawfully.
What About Local Rules & Ordinances?
In Michigan, statewide dog bite laws provide the foundation for determining liability, but local rules and ordinances also apply. Cities, townships, and counties across West Michigan, including Grand Rapids and Kent County, have their own animal control and leash requirements that can affect a dog bite claim.
- State law requires dogs to be licensed and properly restrained. Most cities and counties have similar requirements when the dog is off the owner’s property.
- In Grand Rapids, dogs must be restrained by a leash no longer than 6 feet when off the owner’s property and must be under control of a responsible person in public spaces.
- Animal control officers can issue citations for violations, and those reports can support your legal claim.
- Homeowners associations may also have breed restrictions and other rules for vaccinations, licenses, and leash use.
Why Local Laws Matter for Liability
Local ordinances aren’t a replacement for state laws. Rather, they complement Michigan’s strict liability dog bite statute and reinforce safe community standards for responsible dog ownership. If an owner violated a local leash law or other ordinance at the time of a bite, this fact can:
- Support your argument that the owner failed to exercise reasonable care
- Give you more leverage to help your attorney negotiate with insurers
- Strengthen evidence of negligence in addition to statutory liability
- Ensure the dog owner receives appropriate punishment for their actions
What Is the Statute of Limitations for Dog Bite Injuries?
The statute of limitations is the legal deadline to file a civil lawsuit. This time limit can vary depending on the cause of action. Because there’s no specific statute of limitations for dog bite injuries, the statute of limitations for general personal injuries applies.
Under MCL 600.5805, you have 3 years from the date of the accident to file a lawsuit seeking compensation for medical care, lost wages, and personal injuries. While this may seem like plenty of time to hire an attorney and investigate the circumstances of the dog bite, it’s important to avoid delays. Acting quickly gives you the best chance to recover all evidence needed to prove your claim. And legal representation can help you avoid pitfalls that may arise once you start communicating with the insurance companies.
Do I Need a Dog Bite Attorney?
While you aren’t legally required to hire a dog bite lawyer, legal representation is highly recommended. It’s especially important to seek legal advice in cases involving serious injuries, unclear liability, or uncooperative insurance companies. In our experience, dog bite claims can be more complicated than they appear. An attorney can:
- Interpret Michigan’s strict liability laws
- Identify liable parties, including landlords or animal caretakers
- Understand exclusions or loopholes in insurance policies, such as breed-specific policies or coverage restrictions
- Address unique situations, such as a child trespassing to interact with a dangerous animal
Talk to a Dog Bite Lawyer Today
At Barrix Law Firm, we have the insight and investigative resources needed to build a strong claim. Our experience has helped us recover dog bite settlements valued at up to $96,000 without going to court. Our goal is to help ensure that our clients are fully compensated for their injuries, pain and suffering, and emotional trauma.
If you or a loved one has been bitten by an aggressive dog or pet, don’t navigate the legal process alone. Call Barrix Law Firm for a free case review. We’ll explain your rights and legal options with no pressure, and there’s no fee unless we win. Contact our offices in Grand Rapids or Grand Haven to get started.
