Dog Bite Attorney
When do you need a dog bite attorney?
In Michigan, there is a specific statute that explains dog bite law. The Michigan dog bite statute can be found at MCL 287.351. There are three main points to understand from this law, they are:
- Dog bites are a strict liability offense
It does not matter whether a dog has always been well behaved and never bitten or attacked anyone before. Dog owners are liable for the first attack or bite by their dogs. Some states have what is known as a “one-bite rule” where a dog is essentially allowed a first bite or attack before the dog owner can be held legally responsible. Michigan does not have a one-bite rule and courts award damages for first attacks.
- The victim must be lawfully on the property where the attack took place
For a dog attack or bite victim to recover compensation under the Michigan dog bite statute, he or she must have legally been on the property where the attack took place. This means that dog bites on public property such as sidewalks and parks are actionable in court. If a victim was attacked on private property, then they cannot be a trespasser or be committing a crime at the time of the alleged dog attack to recover compensation.
- Provocation is a defense
If someone has been attacked or bitten by a dog, then provocation is a legal defense. If the dog was provoked into attacking or biting the victim, then the victim could be denied compensation. Provocation of the dog does not have to be intentional, but the dog owner is required to show evidence of how his or her dog was provoked to avoid legal responsibility.
The Michigan dog bite statute is not the exclusive way to get compensation for any resulting injuries. A dog bite victim can file a negligence claim under state negligence law to be awarded damages. If you have been bitten or attacked by a dog, then you have three years from the date of the incident to file a claim against the dog’s owner. If you don’t file a claim within this period, then you will be barred from all legal recovery. There are some exceptions to this rule, but it is uncommon for a court to allow a dog bite claim past the three-year statute of limitations.
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If you are the victim of a dog bite anywhere in the state of Michigan, then it is important to speak to an experienced attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Call us at (517) 292-7000 or
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