If a dog bit you in Michigan, the owner is usually liable for your injuries. MCL 287.351 holds the owner responsible when the dog bites without provocation and you were on public property or lawfully on private property. You do not have to prove the dog was dangerous or that the owner knew it was. The claim is normally paid by the owner’s homeowner’s or renter’s insurance, and you generally have three years to sue.
Michigan’s dog bite statute
MCL 287.351(1) makes the owner of a dog liable for any damages suffered by a person the dog bites, if three things are true:
- The dog bit you. The statute covers bites. Injuries from a dog jumping on you or knocking you down fall under negligence instead (see below).
- You did not provoke the dog.
- You were on public property, or lawfully on private property, including the owner’s own property.
The statute says liability applies “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” Michigan has no “one free bite” rule for bites covered by the statute.
Who is lawfully on private property
Under MCL 287.351(2), you are lawfully on private property if you are there to perform a duty imposed by state law, federal law or postal regulations (a mail carrier, a meter reader, a process server), or if you are an invitee or licensee of the person who lawfully possesses the property. Customers, guests, friends and contractors usually qualify. A person who entered to commit an unlawful or criminal act does not.
The provocation defense
The main defense under the statute is provocation. The statute does not define the word. In Brans v Extrom (2005), the Michigan Court of Appeals held that provocation can come from an unintentional act, such as stepping backward onto a dog, and that the person’s intent does not matter. Whether a particular act provoked the bite is a question of fact, usually for a jury. Expect the owner’s insurer to look closely at what you, or your child, were doing in the moments before the bite.
Claims outside the statute
Some dog injuries are not bites, and some bite victims are not the owner’s responsibility under the statute (for example, when the person who controlled the dog was not the owner). Michigan common law fills those gaps.
- Common-law strict liability. An owner or keeper who knew or had reason to know the dog had abnormally dangerous propensities is liable for harm it causes. In Hiner v Mojica (2006), the Court of Appeals held that ordinary barking, growling or jumping is usually not enough to show that.
- Negligence. An owner who knew the dog created a situation where harm was foreseeable, and failed to use reasonable care to control it, can be liable even without knowledge of a vicious history. Hiner allowed a negligence claim to go forward where the owner had been warned the dog was aggressive toward the plaintiff.
Negligence claims are the usual route for knock-down injuries, bites on property where you were not lawfully present, and claims against someone who was keeping the dog but did not own it.
Who pays: homeowner’s and renter’s insurance
Most dog bite claims are paid by the personal liability coverage in the owner’s homeowner’s, condominium or renter’s policy. Points to check early:
- Exclusions. Some policies exclude specific breeds, or any dog with a prior bite. Read the actual policy, not a summary from the adjuster.
- Limits. Liability limits vary by policy. An umbrella policy may add coverage.
- Who else is insured. If someone other than the owner was keeping the dog, that person’s policy may also be involved.
Your own health insurance usually pays your treatment first and may claim reimbursement from a settlement. Michigan’s no-fault auto system does not apply to a dog bite unless a motor vehicle was involved.
What a claim can recover
- Medical bills, including emergency care, rabies treatment, surgery and plastic or reconstructive surgery.
- Future treatment, such as scar revision.
- Lost wages and lost earning capacity.
- Pain and suffering, scarring and disfigurement, and emotional harm such as fear of dogs.
Unlike an auto case, a dog bite claim has no serious impairment threshold. If your own conduct contributed, your damages can be reduced by your share of fault under MCL 600.2959.
What to do after a dog bite
- Get medical care. Puncture wounds infect easily, and rabies status must be confirmed.
- Report the bite to local animal control or the police. The report records the dog, the owner and the vaccination status.
- Get the owner’s name, address and insurance company, and the names of witnesses.
- Photograph the wounds on the day of the bite and as they heal, plus the place where it happened.
- Do not give a recorded statement to the owner’s insurer until you understand how provocation and lawful presence apply to your facts.
Three years. A dog bite lawsuit must generally be filed within three years of the bite (MCL 600.5805). Children may have additional time, but evidence is easiest to gather in the first weeks.
Injury cases, including dog bites, are handled on a contingency fee (see how our fees work). Contact us for a free review of what happened.
Sources: MCL 287.351; MCL 600.2959; MCL 600.5805; Brans v Extrom, Michigan Court of Appeals, No. 251934 (May 3, 2005); Hiner v Mojica, 271 Mich App 604 (2006).
Questions people ask us
Is a dog owner in Michigan liable even if the dog never bit anyone before?
Yes. Under MCL 287.351, the owner is liable for a bite regardless of the dog’s past behavior or the owner’s knowledge of it, as long as you did not provoke the dog and were on public property or lawfully on private property.
What counts as provoking a dog?
The statute does not define provocation. The Court of Appeals held in Brans v Extrom (2005) that an unintentional act, such as accidentally stepping on a dog, can be provocation, and that whether provocation happened is usually a question for the jury.
Who pays for a dog bite claim?
Usually the dog owner’s homeowner’s or renter’s insurance policy, under its personal liability coverage. Some policies exclude certain breeds or dogs with a bite history, so the policy itself needs to be read.
How long do I have to file a dog bite lawsuit in Michigan?
Generally three years from the date of the bite, under MCL 600.5805. A child’s claim may get extra time under the minority saving rules, but waiting makes evidence and witnesses harder to find.