Attorney Kurt Olson leaving the Michigan Court of Appeals

Attorney Kurt Olson recently appeared before the Michigan Court of Appeals as part of an ongoing appeal involving a client whose dog allegedly bit a neighbor while on the client’s property. While the details of the incident are still under review, this case serves as an important reminder of the legal responsibilities dog owners face in Michigan when their dog bites someone.

Michigan Dog Bites: Strict Liability

Under MCL 281.351, Michigan enforces a strict liability standard for dog bites. This means a dog owner can be held legally responsible if their dog bites someone, even if the dog has no history of aggression and the owner took reasonable precautions.

Importantly, the victim does not need to prove negligence on the part of the owner. If the bite occurred without provocation and the victim was legally on the property, the dog owner is likely liable.

Key Exceptions to Liability

There are exceptions to this strict liability rule. A dog owner may not be held liable if:

• The victim was trespassing on the property at the time of the bite.
• The victim provoked the dog into biting through aggressive or threatening behavior.
• The dog was a police or military K-9 performing official duties at the time of the incident.

What Michigan Dog Owners Need to Know

Owning a dog comes with both joy and responsibility, and in Michigan, it also comes with legal accountability. State law (MCL 287.351) specifically applies to dog bites, meaning other types of injuries, being scratched or knocked over, aren’t covered under this statute. However, those incidents may still lead to claims under general negligence laws, depending on the situation.

It’s also important to understand that prior behavior doesn’t matter. Michigan does not follow the “one bite rule“; dog owners are liable even if their dog has never bitten anyone before. Whether your dog is typically mild-mannered or has no history of aggression, you are still responsible under the law. Understanding these nuances is essential to protecting yourself legally and being a responsible pet owner.

Questions About Michigan Dog Bite Liability?

This article is meant to address dog owners specifically. However, other parties – such as landlords, dog sitters, or property managers – may also face legal responsibility depending on the circumstances. That topic could be a future blog post. If you’re curious or involved in a related situation, feel free to contact me directly. Email Attorney Kurt Olson for more information on dog bites.