The State of Michigan recognizes that dogs are common pets, and all dogs have the natural tendency to bite. Even the most obedient family pet has a turning point and will act by instincts which guide many dog behaviors; instincts are natural behaviors that a dog is born with. For example, dogs don’t need to be taught to bite, dig, or guard their food or space.
As such, pet owners and keepers are responsible for any injuries their dog animal causes. Even if a dog does not have a history of so much as barking at someone, the owner would likely be found at fault if the dog animal ever bites someone, even if it was totally unpredictable.
In Michigan, this is called “strict liability,” which is legal principle that eliminates the need for personal injury claimants to prove fault on the part of the defendant dog owner. Instead, dog bite victims must prove the following three elements:
Michigan’s strict liability dog bite law is different than the “one-bite” rule applicable to dogs in many other states. According, to the one-bite common law rule in other states, victims must prove that the owner knew or should have known the animal’s propensity to be vicious because animal had some history of attacking or biting people. However, in Michigan the common law negligence rule “knew or should have known” applies to other kinds of animals which may cause injury to people, but not dogs. Dogs are subject to the Michigan dog bite statute. See MCLA 287.351.
Don’t fooled by Michigan’s strict liability law (MCLA 287.351) because recovering compensation for the damages caused by a dog bite is not easy. In addition to presenting sufficient evidence of the dog bite elements, you will need to prove your damages so you can maximize and receive full and fair compensation. In order to demonstrate your entitlement to dog bite compensation, this type of evidence would be helpful:
In order to show your dog bite damages, you should have some of the following:
At the Joseph’s Law Firm, we know just how traumatizing dog bite attacks can be. If you or someone in your family was bitten by a dog, we’ll help you gather the evidence needed to hold the owner or keeper accountable.
Our compassionate winning team has the knowledge and resources to take on any opponent, but we remain dedicated to providing the personalized care and attention to you.
Call 248-352-2110 or toll free at 1-866-HIRE-JOE or complete our On-Line Form to schedule a free case evaluation and review with an expert dog bite lawyer in Michigan.