Dogs can be dangerous when their owners are irresponsible, and there are far too many dog owners who refuse to do what is legally required to keep others safe. An animal attack can result in disfiguring scars, medical bills, and lost work. Being bitten by a dog is also a traumatic experience that can cause PTSD in children and adults alike.
The Michigan dog bite lawyers at Christensen Law are strong advocates for dog bite victims. We understand what victims go through after dog attacks, and we can help you by providing the legal guidance to navigate a claim.
While you focus on recovering, we gather evidence to prove your claim, deal with insurance negotiations, and fight for the best outcome for your family. We have secured record-setting settlements for our clients in Michigan. Learn more about what we can do for you when you call our firm: 248-900-9000.
Can You Sue for a Dog Bite in Michigan?
Yes, Michigan law allows dog bite victims to pursue legal claims and sue for compensation after an attack. Under the state’s dog bite statute, dog owners can be held liable if their pet bites or otherwise causes injury to a person, regardless of breed or history of aggression.
Specifically, victims have the right to bring a personal injury lawsuit against the owner seeking:
- Medical expenses
- Lost wages
- Pain and suffering damages
- Permanent disability costs
- Emotional distress claims
- Other applicable losses tied to the bite
The dog owner’s home insurance policy often covers dog bite claims up to certain liability limits, which could provide you with an avenue for financial recovery. However, lawsuits may become necessary if an insurer disputes blame or offers you an unfairly low settlement. A Michigan personal injury lawyer will help you navigate this tricky scenario.
Michigan Does Not Have a One-Bite Law
Unlike many other states, Michigan does not have a “one-bite rule” for dog bites. Michigan follows a strict liability law for dog bites, not a one-bite rule. This means dog owners are liable even if it’s the dog’s first time biting someone as outlined in Michigan Compiled Laws Section 287.351.
In Michigan, owners are responsible regardless of the dog’s previous behavior or their knowledge of it. Unlike one-bite states, in this state there’s no need to prove the dog had shown previous aggression. This law generally makes it easier for dog bite victims to pursue civil claims.
This strict liability rule applies regardless of breed or size, and it covers bites occurring in public spaces or on private property where the victim was lawfully present are covered. Victims don’t need to prove the owner was negligent in controlling the dog to file a claim for bites or other injuries that were caused by a dog.
How a Dog Bite Lawyer in Michigan Can Help You
There are many benefits to letting an attorney handle your Michigan dog bite case. Here are some of the key ways a dog bite lawyer will help victims pursuing injury claims:
- Giving legal advice at every stage from the initial incident through trial, if necessary
- Interpreting complex state laws as they apply to your dog bite claim
- Explaining your rights and legal options in Michigan
- Proving legal the negligence of the dog’s owner
- Gathering evidence like police reports, animal control citations, and veterinarian assessments
- Demanding fair compensation from insurance adjusters
- Filing claims or lawsuits ahead of statute of limitations deadlines
- Representing you in court if a reasonable out-of-court settlement cannot be successfully negotiated first
- Reducing your stress by managing your legal tasks so you can focus on your recovery
Another way our dog bite lawyers in Michigan help you is by offering free consultations and working on contingency. You don’t have to pay us anything up front to see that justice is served. You only pay if we win your case.
Who Is Liable in a Dog Bite Claim in Michigan?
Proving liability for a dog bite involves identifying all possible at-fault parties. In Michigan, dog bite claims ultimately hold the legal owner of the offending animal financially liable for a victim’s injury damages, regardless of whether they were directly supervising the dog at the time of the incident or if the bite occurred on their property. However, there may be certain exceptions where other parties share liability. A lawyer will help you determine who is liable for the attack and if any circumstances complicate your case.
What Delivery Drivers Need to Know About Filing Dog Bite Claims in Michigan
If you are a driver for Amazon, FedEx, or another company or corporation and you are attacked by a dog while performing your job duties in Michigan, you can typically file a claim against the dog’s owner and workers’ compensation. You may also be able to hold the owner of the property liable if they aren’t the dog’s owner.
As a delivery driver, you’re likely lawfully on the property, which is crucial for liability. You should also be aware of your employer’s policies regarding animal encounters and attacks. Be sure to take photos of your injuries, get contact information and statements from any witnesses, and keep your delivery records.
Remember, as a delivery driver, you have rights when it comes to safety on the job. If you’re bitten while performing your duties, you’re generally entitled to seek compensation for your injuries. If you aren’t sure if you have a case, reach out to a Michigan dog bite attorney for guidance.
Filing a Dog Bite Claim if You’re a USPS Postal Carrier in Michigan
If you’re a USPS postal carrier in Michigan who has suffered a dog bite while on duty, here’s what you need to know about filing a claim:
- As a federal employee, you’re covered by the Federal Employees’ Compensation Act (FECA)
- Notify your supervisor and file Form CA-1 (Federal Employee’s Notice of Traumatic Injury) as soon as possible
- Get treatment promptly, informing healthcare providers it’s a work-related injury
- You can file a separate claim against the dog owner in addition to workers’ comp
- Take photos, get witness information, and keep all medical records and records of your route
- Follow specific USPS procedures for reporting and handling dog incidents
- FECA provides benefits regardless of who was at fault for the incident
- You may be eligible for up to 45 days of continuation of regular pay
- Consider future medical needs and potential long-term impacts on your career
- Consider consulting an attorney experienced in both federal workers’ comp and dog bite cases
Remember, as a postal carrier, you have the right to a safe work environment. Don’t hesitate to report dangerous dogs on your route to prevent future incidents.
What Do Parents Need to Know About Filing a Dog Bite Claim in Michigan?
Unfortunately, far too often, children are the victims of dog attacks. Here’s what parents need to know about filing a dog bite claim in Michigan when their child has been bitten:
- The 3-year time limit to file may be “tolled” (paused) until the child turns 18
- Parents or guardians typically file the claim on behalf of the minor
- Courts consider a child’s age when determining if they “provoked” the dog
- Child injuries may have long-term effects, potentially increasing compensation
- Claims can include compensation for emotional distress, which can be significant in children
- Dog bite claims involving minors consider potential ongoing treatment as the child grows
- Compensation may cover tutoring or special education needs resulting from the injury
- Courts may require long-term payment plans to protect the child’s interests
- Settlements for minors typically need court approval to ensure fairness
- The court may appoint a representative to protect the child’s interests
If you’re the parent of a child who was bitten by a dog in Michigan and you’re thinking about filing a claim, documentation is crucial. Keep detailed records of medical treatments, emotional impacts, and any lifestyle changes that impact your child. You may also claim compensation for time off work to care for the injured child.
How Do You Calculate a Settlement in a Michigan Dog Bite Claim?
When calculating potential financial settlements for dog bite injuries, key factors veterinarians, medical experts, and dog bite attorneys weigh when assessing cases may include:
- The severity and duration of injuries such as laceration scarring, infection risk, broken bones, blood loss, or trauma requiring plastic surgery procedures. More serious current and projected future medical problems warrant higher damages.
- Ongoing medical expenses like rabies injections, reconstructive surgeries over time, counseling, and medications. Past and anticipated future treatment costs are included.
- Lasting impairment or disabilities impacting employment capacity, daily functioning, and quality of life. Lost wages from missing work during recovery periods are also considered.
- Emotional or mental anguish stemming from disfigurement, PTSD, or fear associated with dog attacks. Nightmares, anxiety, and other distress may support additional claims.
- Any pre-existing health issues that were exacerbated by trauma that complicates recovery.
- Documented proof like veterinary, hospital, and therapy records help support projected values.
You can learn more about the results we’ve secured for our clients. Like the rest of our success stories, your claim’s value will be based on the unique circumstances of your claim.
The Average Value of a Dog Bite Case in Michigan
There is no average dog bite settlement amount and no universal “right amount” to settle a dog bite claim for, as the worth of every case is unique based on individual factors.
When you’re deciding whether or not to accept a settlement offer, you will need to compare the offer to your total overall damages, both current and future. You will also need to consider the full impact of your injuries. Consider how dramatically your daily life has changed due to physical or emotional trauma from the injury.
If negligence is easily provable due to previous bites, leash law violations by the owner, or other misconduct, you may have leverage to negotiate higher. With weaker facts, a lower demand may become reasonable. Higher economic damages may also warrant bigger payouts.
While the insurer has incentive to save costs and will rarely offer a policy’s upper limits without mounting pressure through counsel, a Michigan dog bite attorney will build a strong case to prove your damages.
Getting Compensation for Emotional Trauma After a Dog Bite in Michigan
Dog bites often leave lasting emotional damage, especially if the victim of the dog attack was a child. This can lead to long-lasting impacts on your life and costs as you seek therapy and other mental health treatments. Because of this, you can generally seek compensation for emotional trauma after a dog attack in Michigan.
Victims of dog bites can suffer from anxiety, PTSD, fear of dogs, depression, and sleep disturbances after an attack. However, to seek damages for your emotional scars, documentation is crucial. This means you will need to keep your medical records, therapy notes, and any other evidence that can support your claim.
Both your current and future therapy expenses can be included in your Michigan dog bite claim. To successfully recover these damages, you’ll need to show the emotional trauma is a direct result of the dog attack.
Shared Liability in Michigan Dog Bite Claims
In Michigan, you can’t file a claim for a dog bite if you provoked the dog or were a trespasser on the property. However, there are some cases where liability isn’t clear. In these cases, two or more parties can be found to share liability in a dog attack.
Shared liability in a dog bite claim can occur in various scenarios. Here are some examples:
- Multiple dog owners: If two dogs from different owners were involved in the attack
- Property owner and dog owner: When a landlord knew about a dangerous dog but didn’t take action
- Parent and child owner: If a minor owns the dog, but the parent was responsible for supervision
- Dog sitter and owner: When a pet sitter failed to control the dog, but the owner knew it was aggressive
- Business and customer: If a store allowed a customer’s dog inside, and it bit someone
- Employer and employee: When an employee’s dog bites someone during work-related activities
- Host and guest: If a party host allowed a guest to bring a known aggressive dog
- Shelter and adopter: When a shelter failed to disclose a dog’s bite history to a new owner
- Trainer and owner: If a professional trainer mishandled a dog during training, leading to a bite
- Homeowners association and resident: When an HOA failed to enforce pet policies, contributing to an incident
- Dog walker and owner: If a professional dog walker lost control of the dog
- Veterinarian and owner: When a vet failed to warn about a dog’s aggressive tendencies
- Restaurant owner and patron: If a restaurant allowed a non-service dog that then bit someone
- Public park and dog owner: When poor maintenance of a dog park contributed to an incident
- Product manufacturer and owner: If a defective leash or collar contributed to losing control of the dog
In these scenarios, liability might be split between parties based on their respective roles in the incident. The specific distribution of liability would depend on the details of each case and could impact the compensation available to the victim. In Michigan, your percentage of shared fault, if any, will reduce your compensation.
How Michigan’s Dog Bite Laws Can Affect Your Claim
Your attorney will help you understand Michigan’s dog bite laws and how they can affect your claim.
Michigan’s Leash Law
Under Michigan Statute MCL 287.262, pet owners cannot let their dogs wander in public places without being held on a secure leash. This law applies any time a dog is off its owner’s own property. So in areas like parks, sidewalks, and trails, dogs must be tightly leashed and controlled.
If a loose, unleashed dog bites or attacks someone in public, the owner has violated the state’s leash law. This helps prove the owner was negligent and is therefore legally liable for the victim’s injuries and other damages.
When our law firm builds dog bite injury cases, we examine if leash laws were ignored by the owner. Ignoring public safety statutes can support our claim that the owner was irresponsible, and it can help refute claims if the owner tries to say you provoked the animal or otherwise caused your own injuries.
The Michigan Dog Bite Statute
According to the Michigan Dog Bite Statute (MCL § 287.351), if a dog bites you while you are lawfully on public property, such as on the street or in a park, or on private property, like a friend or family member’s home, the dog’s owner is responsible for your damages.
This strict liability standard mandates that owners bear responsibility due to their role in housing, caring for, and controlling the aggressive pet day-to-day. Even if an owner argues that the bite was out of character, they failed to predict aggression, or that standard containment methods were used, Michigan law disregards these defenses in injury claim proceedings.
The Time Limit to File a Dog Bite Claim in Michigan
After a dog bite in Michigan, strict statutes of limitations govern the deadline to take legal action after a dog bite injury. This includes both filing an insurance claim against the pet owner’s home or rental policy seeking compensation for medical bills, lost wages and other damages as well as lawsuits against the owner.
Specifically, dog bite victims have just three years from the date they suffered bite injuries to formally sue the owner in civil court should settlement negotiations fail. The ticking clock combined with complex legal procedures make prompt consultation following any bite incident essential. Don’t jeopardize your right to compensation by waiting too long to learn about your rights. Our lawyers will help you figure out how long you have left to take action, and if any statute of limitation exceptions exist in your case.
Get a Free Consultation With a Michigan Dog Bite Lawyer
Getting bitten by an aggressive dog can lead to serious injuries, emotional trauma, and more problems down the road. Don’t go through the recovery alone – our Michigan dog bite attorneys are here to help.
Reach out now for a free, no-obligation consultation with the legal team at David Christensen Law to learn how we can support you. The call is completely confidential – and it’s the first step to getting your life back on track after a traumatic dog attack. Let our law firm stand up for your rights. Call us at 248-900-9000 to get started.
