Michigan recognizes three potential causes of action arising out of a dog bite incident: statutory, common-law strict liability, and common-law negligence. These legal options may be pleaded alternatively depending on the circumstances. The dog bite statute creates a form of strict liability for owners. However, a secondary statute that applies to wolf-dog crossbreeds creates a similar form of strict liability for owners and possessors. Under the statutes, the only facts necessary to sustain a plaintiff's case are that the dog bit the plaintiff, that the biting was without provocation, that the defendant owned the dog (or, in the case of a wolf-dog crossbreed, had possession of it), and that the plaintiff was lawfully at the location where the incident occurred. Provocation is a fact question for the jury, and actual ownership is required.
- Strict Liability: Michigan follows a "strict liability" rule for dog bites, meaning that dog owners are typically held strictly liable for injuries caused by their dogs biting or attacking another person. This means that the injured person does not need to prove that the dog owner was negligent or knew the dog was dangerous in order to recover compensation.
- One-Bite Rule: Michigan does not have a "one-bite rule," which in some states allows dog owners to avoid liability for a dog bite if the dog had never bitten anyone before. Instead, in Michigan, the owner is liable regardless of whether the dog has shown any previous aggression or propensity to bite.
- Statute of Limitations: In Michigan, there is a specific time limit, known as the statute of limitations, within which a person must file a lawsuit for a dog bite injury. The statute of limitations for personal injury cases, including dog bite claims, is generally three years from the date of the injury.
- Defenses: While Michigan imposes strict liability on dog owners for injuries caused by their dogs, there are certain defenses available to dog owners. For example, if the injured person was trespassing on the dog owner's property or provoking the dog at the time of the attack, the dog owner may have a defense against liability.
- Damages: In dog bite cases, injured persons may be entitled to recover various types of damages, including medical expenses, lost wages, pain and suffering, and any other losses resulting from the injury.
- Homeowner's Insurance: Many homeowners' insurance policies provide coverage for dog bite liability. If a person is injured by a dog, the injured person may be able to recover compensation from the dog owner's homeowner's insurance policy.
- Local Ordinances: Some local jurisdictions in Michigan may have specific ordinances regarding dangerous or vicious dogs, as well as regulations governing leash laws and owner responsibilities. These local ordinances can impact the outcome of a dog bite case.
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