Who is liable if a dog bites me in Michigan?

1. Liability Standard

Michigan is a strict-liability state under MCL 287.351. The owner is liable for damages suffered by anyone bitten without provocation, regardless of the dog's prior behavior.

2. Statutory Elements

Plaintiff must show: (a) defendant owned the dog; (b) the dog bit the plaintiff; (c) the bite occurred while plaintiff was on public property or lawfully on private property; and (d) plaintiff did not provoke the dog.

3. Common-Law "One-Bite" Doctrine

A common-law claim requiring scienter remains available alongside the statute for non-bite injuries or to support punitive theories.

4. Trespasser Defense

The statute protects only those lawfully present. Trespassers must pursue common-law claims.

5. Provocation Defense

Provocation is a complete defense. Michigan courts apply an objective standard — would the dog's reaction be expected from such conduct (Brans v. Extrom)?

6. Comparative Fault

Michigan's modified comparative-fault rule (MCL 600.2959) bars non-economic damages if plaintiff is more than 50% at fault. Common-law claims permit comparative reduction.

7. Landlord Liability

Landlords are generally not liable absent actual knowledge of the dog's vicious propensities and control to remove the dog (Feister v. Bosack).

8. Homeowner's Insurance

Michigan policies typically cover dog bites; breed exclusions are common.

9. Damages

Medical bills, lost wages, scarring, disfigurement, future surgeries, and pain and suffering.

10. Criminal Liability

Under MCL 287.323, owners of dogs that cause death may face involuntary manslaughter charges. Serious-injury attacks support misdemeanor or felony charges.

This is legal information, not legal advice.