Michigan Dog Bite Law Protects Dog Bite Victims

A Strict Liability Statute
The Michigan Dog Bite Law is considered a “strict liability” statute. In other words, the law makes a dog owner responsible for any damage caused by the dog attack.

The Michigan Dog Bite Statute, MCL 287.351, states:

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.

Elements of a Dog Bite Claim
The two key elements necessary to prove a Michigan dog bite claim are:

1. That the defendant owned the dog that attacked.
2. That a bite occurred.
   

Evidence Necessary to Prove a Michigan Dog Bite Lawsuit
Although sometimes difficult, the dog owner usually can be identified with licensing and vaccination records, as well as the testimony of witnesses.

In most dog bite cases, the fact that the dog actually injured the victim can be established with photographs, medical records, witness statements, or other evidence that the dog caused physical harm.

Statute of Limitations in Dog Bite Cases
The Michigan Dog Bite Law allows you to take legal action against a dog owner for up to 3 years from the date of the incident. However, it is not wise to delay. If you wait, important evidence may disappear or witnesses may forget or move away. You should seek immediate legal help, if you or a loved one was the victim of a dog bite.

In some situations, the dog bite victim has additional time to file a claim. The most common instance is a dog attack injury to a child under the age of 18. As a legal minor, a child bitten by a dog may have until his or her 19th birthday to start formal legal proceedings. However, waiting is usually not in the minor’s best interest. Instead, a parent or legal guardian should get immediate legal assistance and pursue the claim on the child’s behalf.

Value of a Dog Bite Case
Determining the value of a Michigan dog bite claim is a complicated matter. If you were attacked by a dog, you should seek legal help immediately. An experienced Michigan dog bite lawyer can carefully evaluate facts surrounding the dog attack, the physical and emotional harm you suffered, as well as the possibility of long-lasting damage.

Based on all this evidence, your Michigan dog bite attorney can advise you on the potential value of your claim and the best way to proceed.