Dog bites
Dog bite frequently asked questions
Straight answers to the questions dog bite victims and their families ask most.
The Michigan dog bite law
Statute text as reproduced on the firm’s previous website. Read the official text from the Michigan Legislature (opens in a new tab).
MCL 287.351 — Person bitten by dog; liability of owner
(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.
Questions and answers
Should I report the attack?
Yes. Report the bite or attack as soon as possible to the police, animal control or another law enforcement agency for the area where it happened.
What is “strict liability”?
Under Michigan’s dog bite statute, a dog owner can be responsible for injuries caused by their dog regardless of its past history. In those cases, you do not have to prove that the owner knew the dog was vicious. Exceptions can apply — for example, if the dog was provoked or the person bitten was not lawfully on the property.
What if the dog has no history of aggression?
Under the statute, that generally does not matter. You do not need to prove the owner knew of the dog’s vicious tendencies.
Should I get medical attention?
Absolutely. Get medical treatment right away. Explain how you were bitten, where it happened, what type of dog it was, and who the owner is if you know. Prompt treatment supports a better recovery.
Should I photograph my injuries?
Yes. Even if you are unsure whether you want to make a claim, photographs preserve evidence of your injuries before they heal. Mark suggests taking multiple photos from different angles and distances, and taking new sets as the wound heals to show how the injury progresses until the scarring matures. If you are unable to take photos, Mark would be happy to photograph your injuries.
Are dog bite injuries covered by insurance?
Often, yes. Homeowners and renters insurance policies generally provide coverage for dog bite injuries, and some policies include medical payments coverage for treatment costs. Coverage depends on the specific policy.
I was bitten by a friend’s dog. How can I bring a claim against a friend?
You should never feel guilty about asserting your legal rights. Your friend likely has insurance for this kind of claim — that is one reason people carry liability insurance. Many claims are resolved without filing a lawsuit at all. You may have to live with permanent scars or emotional injuries, and you are entitled to seek compensation for that.
How long do I have to bring a claim?
Legal deadlines apply, and different rules can apply when the person bitten is a child. Contact us as soon as possible after the attack so we can confirm the deadline that applies to you.
Should I talk to the homeowner’s insurance company if they call?
Mark generally advises clients not to discuss the incident with anyone other than law enforcement and medical providers. If you are represented, you can tell the insurance representative that you have a lawyer and give them Mark’s name and phone number, and he will handle the inquiries. If you don’t talk to them, you cannot give them information that may hurt your claim.
I was petting the dog before it attacked. Do I still have a case?
Possibly, as long as you were not trespassing and did not provoke the dog. Insurers sometimes argue that the person bitten provoked the dog, especially when children are involved. Every case depends on its facts.
Does it matter whose property I was on?
If you were on public property, or lawfully on private property, the law does not prevent you from bringing a claim.
What is my case worth?
Every case is unique and must be evaluated on its own merits. Many factors affect the value of a claim. Contact Mark as soon as possible after the incident to discuss your specific situation.
How can I afford a lawyer?
Mark handles dog bite cases on a contingent-fee basis: you pay no attorney fee unless money is collected in your case. He can also advance the expenses needed to prepare the case. When the case is resolved, the fee is a percentage of the recovery, and expenses are accounted for separately. Expenses can include investigations, expert witnesses, medical reports, depositions, photographs and police reports. The fee agreement is explained in writing before you decide to proceed.
Talk with Mark about your situation.
Consultations are free. You’ll speak directly with attorney Mark A. Sucher, who will listen, answer your questions, and explain your options in plain English.
