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If a dog bites and injures you, you may be entitled to compensation for your medical bills and other financial and personal losses. Obtaining full and fair compensation can be critical in the wake of a dog attack, where the long-term outcomes may be uncertain.
Proving liability in a dog bite or animal attack in Michigan can be tricky, but a Michigan dog bite lawyer can take on all the necessary legal tasks. Michigan accident victims recover the money they need to pay for quality medical care and prepare for the future.
Proving Liability in a Dog Bite Case in Michigan
Michigan dog bite laws involve a concept known as “strict liability,” outlined in Mich. Comp. Laws Ann § 287.351. Even if the dog was not previously vicious or its owner was unaware of its previous behavior, the owner of a dog is liable for the losses suffered by the victim. Strict liability does not automatically mean you are awarded damages, and many circumstances can complicate your claim.
There are notable exceptions to this strict liability claim:
- Did the victim provoke the dog? Did you do something that would push the animal into biting or attacking, like hitting it? While this may seem like a simple question, the courts may have a different definition of what “provocation” means when dealing with a dog. Owners may try to unfairly blame you for the dog’s attack, and it can be helpful to have a lawyer who can handle these claims.
- Was the victim on the owners property unlawfully? Trespassing on someone’s property could relieve the owner of any liability for a dog bite. However, some parties are allowed to be on the property of others if they are working for the state or federal government. Your lawyer can help establish your lawful presence if the owner tries to claim this as a defense.
Owners may use these and other defenses to say you are partially responsible for the incident. This is an attempt to weaken your claim and reduce your damages through Michigan’s modified comparative negligence laws. Our lawyers can investigate the claim and push back on these claims and make sure you are fairly compensated for your harm.
Does Insurance Cover Dog Bites and Animal Attacks in Michigan?
Whether insurance covers a dog bite depends on the dog owner’s insurance policy. According to the Insurance Information Institute (III), homeowners’ and renters’ insurance policies typically cover expenses from dog bites up to the policies’ limits.
However, every insurer is different, and some decide on a case-by-case basis whether to cover dog bites. While some insurers will not cover homeowners with certain dog breeds, it is illegal in Michigan for insurers to impose a surcharge on owners of service animals.
If a dog attacked you and the dog owner does not have insurance covering dog bites or your losses exceed the owner’s policy limits, you could still have options for seeking compensation. A Michigan personal injury lawyer can review your case and determine whether you could file a lawsuit against the dog’s owner.
What Should I Do If a Dog Bit Me in Michigan?
After a dog bite or attack, seek medical attention immediately. If possible, take photos of your injuries and the scene where the attack occurred. Get copies of your medical records and keep all bills and invoices related to treatment for the dog bite. Documentation of your dog bite injuries, such as medical records, photographs, and witness statements, could prove that the owner is responsible.
Make sure you also report the attack to your local animal control and police department to help create a paper trail. The dog may have a history of biting, or the owner may have a history of negligent ownership. Establishing records can help support your case, or even future case for other victims.
How Long Do I Have to Sue for a Dog Bite in Michigan?
The statute of limitations in Michigan, Mich. Comp. Laws Ann. § 600.5805, gives you three years from the date of your injury to file a lawsuit seeking compensation from a liable party.
However, contacting a dog bite attorney as soon as possible can help ensure that important evidence gets preserved, and witnesses can provide statements while their memories are still fresh.
What Damages Are Dog Owners Liable For?
No two dog bite accidents are the same, and victims can have varying needs. There are many common losses, and our team can help you pursue compensation for:
- Any medical expenses and needs related to the bite, including surgeries, physical therapy, and reconstructive surgery
- Future medical expenses your doctors think you may have to address your injuries
- Scarring and disfigurement
- Pain and suffering and emotional anguish
- Lost income and loss of earning potential
- Wrongful death damages, if a loved one passed away because of the dog attack
There are no average dog bite settlement amounts, as many factors influence potential compensation. In extreme cases, victims may be able to pursue hundreds of thousands of dollars or millions of dollars in compensation. A lawyer is best equipped to assess your losses and help determine the value of your claim.
What Are Possible Examples of Negligence in a Dog Bite Case?
While a dog owner does not have to be negligent to be liable for your harm, some behaviors can help strengthen your case for compensation.
- Did the owner break any state laws or local ordinances? Owners who violate local or statewide regulations may be considered negligent. For example, local leash laws could be an important factor in showing that the owner’s actions caused your harm.
- Did the owner create a situation that contributed to the attack? Did the owner encourage the dog to bite, or did they let the dog run loose? These and other behaviors can indicate reckless or careless behavior.
Your lawyers will explore all possible circumstances to help support your claim.
Discuss Your Dog Bite Claim with a Dog Bite Attorney Today
The attorneys at Christensen Law thoroughly understand Michigan dog bite case law and what responsibilities owners have to keep the public safe. Let us review your dog bite case and gather evidence to prove liability. Call or contact us now for a free consultation.
