Dog Bite Law - Home Page

Dog Bite Law
Michigan

Michigan is a strict liability state.

Overview

Michigan holds the owner of a dog strictly liable for dog bites to a human being that were not provoked, provided that if the incident happened upon the dog owner's property the victim was not a trespasser or there to do something unlawful or criminal. Liability also can be based upon scienter, negligence, negligence per se and other grounds such as battery. (See Legal Rights of Dog Bite Victims in the USA.)

The dog bite statute, Mich. Comp. Laws Ann., sec. 287.351, is as follows:

287.351 Person bitten by dog; liability of owner.
Sec. 1. (1) If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. 
(2) A person is lawfully on the private property of the owner of the dog within the meaning of this act if the person is on the owner's property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or if the person is on the owner's property as an invitee or licensee of the person lawfully in possession of the property unless said person has gained lawful entry upon the premises for the purpose of an unlawful or criminal act. 

Dog owner s are limited to the defenses enumerated in the statute, namely that the plaintiff provoked the dog or the plaintiff was a trespasser at the time of the incident. Nicholes v. Lorenz (Mich. 1976), 237 N.W.2d 468.

Return to top of page

Litigation forms and other materials for attorneys

Just about all the documents a plaintiff's attorney will need, for less than the cost of typing them. Complaint, interrogatories, document production requests, admissions, witness list, petition for approval of minor's compromise (structured settlement), order approving minor's compromise, and Kenneth Phillips' 50-page deposition outline that covers every issue that can arise in a dog bite case. Save hours of work with the Dog Bite Litigation Forms for Plaintiffs' Lawyers. Good throughout the USA. Available just one minute after you purchase them at the Dog Bite Law Bookstore. Download and use today.

Photo of DVD, "Anatomy of a Dog Bite Case."

Anatomy of a Dog Bite Case is Mr. Phillips' 2-1/2 hour video seminar for plaintiffs' lawyers, containing tips and tricks, practice pointers and winning strategies that cannot be found anywhere else. A highly rated legal best-seller. Covers case selection, establishing liability, dealing with defenses, settlement and litigation throughout the USA. Arrives by mail in less than a week.

Return to top of page
www.dogbitelaw.com and each of its sections and products, including Dog Bite Law, The Dog Bite Law Adviser, Dog Bite Litigation Forms, What To Do If Your Dog Is Injured Or Killed, Avoiding Liability When You Train, Shelter or Adopt-Out, Anatomy of a Dog Bite Case, and the foregoing text, are (c) 1999-2009 Kenneth M. Phillips. All rights reserved. Reproduction in whole or part prohibited except where advance permission is granted in writing. Please read the disclaimer and our rules for linking and quoting. Reporters seeking interviews are welcome to contact us by clicking here.
This page last changed on 6/14/07