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A dog bite or animal attack is a frightening experience that can inflict injuries ranging from superficial wounds to severe disfigurement. Additional health complications, such as infections, may endanger a victim’s life. Understanding the laws surrounding dog bites and animal attacks in Michigan is crucial to protecting your rights and seeking the compensation you deserve.
Keep reading to learn more about the state’s dog bite laws, who is liable for a dog attack, and what compensation you could pursue in a dog bite lawsuit. A dog bite lawyer can help answer your additional questions and represent you in a case for damages.
Michigan Dog Bite Laws
In 2024, Detroit ranked 20th in a list of cities for the number of dog bites reported by mail carriers, and Michigan made the list of top 10 dog bite states in a report from the United States Postal Service.
That does not account for the everyday Michiganders who are attacked by dogs in various scenarios, whether it’s walking around their neighborhoods, enjoying local events, or taking their own dogs to local parks. Dogs, while companions to many, are still animals who may attack others around them. If a dog bit you, you have rights. Under state law:
- A dog owner is liable for injuries their pet causes someone without provocation while that person is on public property or lawfully on private property, including the dog owner’s property.
- A person is considered lawfully on the dog owner’s private property if they are performing a lawful duty or working for the United States Postal Service.
- A licensee or invitee is also considered lawfully on the dog owner’s property unless they are there to commit a crime.
The above statute outlines a concept known as “strict liability.” The dog does not need to have a history of such behavior for its owner to be liable. Additionally, owners do not have to act negligently in order to be liable for the harm done to you, unlike many other personal injury cases.
However, local and state laws can help support your claim for damages. For example, Michigan dog leash laws require dog owners to place collars on any dog that is at least six months old and keep it restrained with a leash.
Michigan Dog Bite Lawsuits
If you need to file a dog bite lawsuit in Michigan to seek compensation for your injuries, the statute of limitations gives you three years from the date of the injury date to file suit. You could lose your right to pursue compensation in civil court if you miss the deadline, so consult with an attorney immediately if you or a loved one was attacked.
Even if you are only pursuing a claim through the owner’s home insurance policy, the sooner you can start your claim, the better. You may think your claim should be easy, but you may quickly find that you need to escalate your claim to a lawsuit to seek fair compensation.
Who is Legally Responsible When a Dog Bites?
Typically, dog bite laws in Michigan hold the owner liable for a dog bite injury if the victim does not provoke the dog. However, other parties might be liable for a dog bite injury under specific circumstances. If you are unsure who is legally responsible for your injuries, a dog bite lawyer can help identify what party owes your damages.
Possible Defenses in Dog Bite Cases
A dog’s owner has limited defenses against liability for injuries their dog inflicts on a victim. The two most common defenses are:
- Provocation– If the victim provoked the dog and that caused the attack, the dog owner might not be responsible for the victim’s injuries. Teasing the dog or physically harming the dog could provoke it to attack.
- Trespasser– Dog owners aren’t liable when their dog bites someone on their property without permission.
Dog owners often use these defenses even if they aren’t true. They may want to cast doubt on your level of responsibility for the incident, which could result in you getting reduced damages or no damages whatsoever. A dog bite attorney can help prepare defenses against such accusations.
What Damages Can You Recover After an Animal Attack?
Whether you file an insurance claim or lawsuit, the money you could recover after an animal attack might compensate you for losses like:
- Emergency room visits and hospital stays
- Prescription medication and assistive devices
- Surgery expenses, including reconstructive surgery expenses if the dog bite left you with severe disfigurement
- Physical therapy and rehabilitation, if needed for your physical recovery
- Mental health costs if the dog attack left you with mental trauma
- Lost wages and other forms of income
- Lost earning capacity
- Pain and suffering
- Loss of quality of life
- Emotional distress
You may have additional losses not addressed here, but a dog bite attorney can make sure all damages are accounted for.
Is There an Average Dog Bite Settlement?
No, there is no average amount for a dog bite settlement or verdict. Every case is unique, and your damages can differ greatly from another person’s damages. Some people need major surgeries to address tendon or nerve damage in their arms or legs, while others may need major reconstructive surgery if they were bitten in the face. Still, others may have even died because of the attack.
These losses are already complicated to calculate, and it’s impossible to give an average. Rest assured that our lawyers will review every loss related to the incident to find an amount that addresses both the economic and non-economic impact of the bite.
Contact a Michigan Personal Injury Lawyer Today
A dog attack can be traumatic, and the resulting injuries often require costly medical care. Seek help immediately following the attack, not just to treat any injuries, but to help build a case for damages.
Christensen Law has advocated for injured clients in Michigan for over 30 years, and we’re ready to fight for you. We can help you seek the justice and compensation you deserve. Contact our Michigan personal injury lawyers today for a free consultation.
