Dog Bite – (248) 588-3333 – What You Need To Know About Dog Bites
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If you are a victim of a dog bite, there are a number of things you should keep in mind. A dog bite is a cause of action that is recognized by the state of Michigan and is covered by the homeowners insurance of the home of the dog owner. There are technical rules about dog bites, and if you have questions you seek the assistance of experts in this field!
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The Michigan Dog Bite Statute
Dog bites in Michigan are governed by the Michigan dog bite statute. This particular statute imposes a “strict liability” standard when determining dog bite liability. Strict liability means that the dog’s owner can be liable even if they were not aware of any tendency towards aggression or other warning that a bite was imminent. If your dog bites someone, you can be liable even if that dog has never bitten anyone before. All other dog related injuries are based on a negligence standard (discussed in detail in another chapter and in a later section of this chapter).
The Michigan dog bite statute also lays out some exceptions to the strict liability standard. In order to sue for a dog bite injury, the following conditions must be met:
- The defendant actually owned the dog that made the bite
- The bite was the direct cause of the injury
- The victim of the bite must not have provoked the dog, otherwise the owner is not liable.
- The victim was either in a public place, or a private place where they were legally allowed to be (basically a castle doctrine/stand your ground standard for dog bites).
In other words, reckless provokers and trespassers may not use the Michigan Dog Bite Statute in their lawsuit. Instead, they must use another (less accommodating) legal standard to bring their lawsuit.
“Trespassing” specifically means that the person lacked the legal authorization to be at that location. Keep in mind that such authorization can exist even if you did not have the property owner’s permission to be there. Police officers, fire fighters, owners of personal property or livestock, there are numerous examples of situations where someone can be present on another’s property without trespassing. This makes it rather crucial for the bite victim to have a lawyer to help discover useful facts like this.
Provocation can include unintentional acts (such as accidentally stepping on the dog’s tail). However, hitting the dog in response to the dog attacking another person or animal is not provocation because the dog was already aggressive.
What is “common law”, and when would I use it?
If, for whatever reason, your case does not qualify under the dog bite statute, you may still bring a law suit for a dog bite or other injury caused by a dog. “Common law” simply means judge made law. It refers to the rules and standards that Michigan civil courts have developed to deal with certain types of cases.
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Click the link to schedule a free case evaluation: https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154
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