In Michigan, the owner is responsible when their dog bites you and you did nothing to set it off. MCL 287.351(1). In most cases the owner's homeowners or renters insurance pays the claim, not the owner personally.
A dog bite case works very differently from a car accident claim in Michigan. You do not have to prove the owner was careless, or that the dog ever bit anyone before. The case usually comes down to two questions: did you provoke the dog, and were you allowed to be where you were? Those details fade quickly, so we write them down and document them first.
What Michigan's dog bite law covers
No free first bite. The owner is liable even if the dog was always gentle and the owner never had any warning that it might bite. MCL 287.351(1).
Where you were. You are covered on public property, like a sidewalk or a park. You are also covered on private property where you were allowed to be, including the dog owner's own yard and home. MCL 287.351(1).
Who counts as allowed. Guests and visitors of the person who lives there are covered. So is someone doing a job the law requires, like a mail carrier. Someone who came onto the property to commit a crime is not covered. MCL 287.351(2).
The one real defense. The owner's main defense is provocation, which means you did something that set the dog off. Courts describe the owner's duty as "an almost absolute liability," and provocation is the only real way out of it. Koivisto v Davis, 277 Mich App 492 (2008).
No blame game. The owner cannot shrink the award by arguing that you, or a parent who was watching, were careless. The only exception is carelessness that also counts as provocation. Hill v Sacka, 256 Mich App 443 (2003).
What the owner owes. The law makes the owner liable for any damages the bite caused you. MCL 287.351(1).
Tell us what happened at askazzo.com, or call 844-ASK-AZZO (844-275-2996). The office is at 33687 Woodward Ave in Birmingham.
