Man Bites Dog

Over the past few weeks it seems like the Metro-Detroit area has been plagued by a rash of severe dog attacks. Just in the past week an elderly man and a 4-month old child were killed. A female jogger was also attacked and injured. Dog attacks can leave severe physical and emotional scars, which may never completely heal.

It also seems like the dog is usually a pit bull or Rottweiler, but in reality any dog can attack and inflict a serious or even fatal injury. True, large powerful dogs tend to do more damage than other, less robust breeds. The media, too, seems to prefer to sensationalize the pit bull attacks over the poodle nips.

Many people don't realize that in Michigan the law is quite victim-friendly regarding the civil liability of a dog's owner or caretaker for injuries caused by the animal. Michigan is a "strict liability" state in that if a dog attacks, the owner is liable. There is no such thing as "one free bite" in Michigan. An injured party does not have to prove that the dog was vicious or attacked before. All a plaintiff must prove is that the bite occurred and injuries resulted.

Strict liability means there is no defense unless the dog was provoked by the victim. Provocation is one of the few defenses available under the dog bite statute. Though there is no state leash law, most cities have a leash law which requires that any dog be kept on a leash when off the owner's property or in public. The fact that a dog was on a leash when it causes the injury is likewise not a defense under the dog bite statute.

Any dog owner whose animal injures someone also faces the possibility of criminal penalties. And the dog itself may pay the ultimate price for its transgression. The prosecutor is empowered to seek destruction of the offending animal, if the circumstances warrant it.

If you have one or more dogs, be certain you have insurance to cover any injuries the dog may cause. Absent insurance coverage, your assets are fair game for the injured person. You may also be liable for injuries inflicted on your premises by dogs belonging to other people if the dog is there with your permission or knowledge.

Our firm handles many serious dog bite cases every year, some of which result in a significant settlement for the injured plaintiff. Know your rights. The statute of limitations may prevent recovery for your injuries if you don't file a timely claim. If you've been the victim of a dog bite, please contact us to learn what your rights are.