What to do after a Dog Bite in Michigan
Michigan has a “strict liability” approach to dog bite injuries. They are covered by MCL 287.351. This means that, with very few exceptions, if you have been injured by a dog bite, you are legally entitled to compensation.
Here are the key items to know relating to the law in Michigan.
1. The elements of a dog bite claim are:
the injury was caused by a dog bite;
the injured person did not provoke the dog; and
the injured person was either in a public place or was lawfully in a private place when the bite occurred, including the property of the owner of the dog.
This means that you must have been injured by a dog’s bite, not a scratch, or other form of injury (although those can still be covered under different parts of Michigan law). Additionally, you must not have been the aggressor with the dog, and you must have had a legal right to be in the location where the injury occurred. If these conditions are met, then you should have a case.
2. Strict Liability for the dog’s owner
In most states, there is the “one bite rule”, which can be a defense against a dog bite. However, this is not the case in Michigan. Here, if a dog bites you, the owner cannot claim that they did not have a warning that the dog was dangerous or likely to bite someone. If a dog bites a person, the owner is liable, even if the dog has never been aggressive in the past.
3. Michigan’s Statute of Limitations
A ‘statute of limitations” is the amount of time that you can bring a personal injury claim to court. This includes all dog bite cases in Michigan. Under Michigan law, a person has three (3) years from the date of the dog bite to file a lawsuit. If they do not file a lawsuit within three years, the court will most likely refuse to hear the case. Therefore, if you have been the victim of a dog bite under Michigan law, you should contact an attorney well in advance of the three-year statute of limitations. Otherwise, you may not have recourse.
4. How a lawyer helps in a dog bite case
A lawyer will collect evidence on your behalf and work with the dog’s owner, the insurance companies, and the courts, to try and get you a recovery for your injuries. The sooner you contact a lawyer after a dog bite attack, the better too. This is because evidence can disappear and it can make it harder to make your claim.
If you have been the victim of a dog bite in Michigan, contact Schinkai Law at (616) 613-6777 or using our online contact form for further assistance. We represent dog bite victims as part of our fight for justice.
