When a dog bite incident occurs in Michigan, the legal ramifications can be complex and vary depending on the circumstances surrounding the incident. Under Michigan’s Dog Bite Statute, a dog owner is strictly liable for bites inflicted by their dog, regardless of whether the dog had any previous propensity to bite. To establish liability, the injured party must prove that the dog injured the party, that they were lawfully at the location, they did not provoke the dog, and the defendant owned the dog.
One exception to the strict liability rule may apply when the victim was trespassing or otherwise unlawfully on the property when the bite occurred. In such cases, the dog owner might not be held liable for damages, but there are many murky distinctions between being in a place unlawfully or lawfully.
Another interesting facet of Michigan law is that a victim can also bring a common-law negligence claim against the dog owner, in addition to or instead of a claim under the Dog Bite Statute. To succeed in a negligence claim, the plaintiff must demonstrate that the owner knew or should have known of the dog’s aggressive tendencies and failed to take reasonable precautions to prevent the bite.
In the event of a dog bite incident, the statute of limitations in Michigan is generally three years. This means that any legal action against the dog owner must commence within three years from the date of the bite incident.
It’s essential to keep in mind that local ordinances may also come into play in dog bite cases. Many municipalities in Michigan have breed-specific legislation or dangerous dog laws that could influence a case.
In conclusion, dog bite litigation in Michigan is a multifaceted area of law. Whether you are a dog owner seeking to understand your legal responsibilities or a victim of a dog bite incident seeking justice, it’s crucial to consult with a knowledgeable attorney who specializes in this area to help navigate the complexities of Michigan’s dog bite laws.