Your neighbor stops by with their dog, or a delivery person enters your yard, and suddenly your dog bites them. Maybe it’s your own dog, or perhaps you’re watching a friend’s pet. Either way, someone was injured on your property, and now you’re facing questions about liability, insurance claims, and potential lawsuits. Understanding what happens next and what your responsibilities are can help you navigate this stressful situation.
Michigan’s Strict Liability Dog Bite Law
Michigan operates under one of the strictest dog bite liability statutes in the country. Under Michigan law, dog owners are strictly liable for bites that occur when the victim was lawfully on the property where the bite happened. This means you can be held responsible even if your dog has never shown aggression before and even if you took reasonable precautions to prevent the bite.
Strict liability eliminates the “one free bite” rule that exists in some states. You don’t get a pass because your dog was always friendly in the past or because you had no reason to believe the dog would bite. If your dog bites someone who had a legal right to be on your property, you’re liable for their injuries regardless of the dog’s history.
The law applies to both owners and keepers of dogs. If you’re temporarily caring for someone else’s dog and it bites a person on your property, you could face liability even though you don’t own the animal. This broad definition of responsibility catches many people off guard when they’re watching pets for friends or family members.
Who Counts as Lawfully on Your Property
The victim must have been lawfully present at the location where the bite occurred for strict liability to apply. This includes invited guests, mail carriers, utility workers reading meters, delivery personnel, and anyone else with a legitimate reason to be on your property.
Social guests you invite for dinner or parties clearly qualify as lawful visitors. But the law extends beyond obvious invitees to include people performing services or duties that give them legal access to your property. A meter reader doesn’t need your specific invitation to enter your yard if that’s where the utility company installed the meter.
Children present a special category. Even if a child enters your property without permission, courts often find they were lawfully present depending on the circumstances. The attractive nuisance doctrine can make property owners liable for injuries to trespassing children if the property contained something likely to attract children and the owner failed to take reasonable precautions.
Trespassers generally don’t qualify as lawfully present, which provides one of the few defenses to strict liability. However, proving someone was trespassing rather than lawfully present can be complicated. A person cutting through your unfenced backyard might be trespassing, but someone approaching your front door to deliver a package is not.
Provocation as a Defense
Michigan law provides a defense if the victim provoked the dog. Provocation means the victim did something that would reasonably cause a dog to bite. Teasing, hitting, stepping on, or otherwise antagonizing a dog can constitute provocation that reduces or eliminates owner liability.
However, the provocation standard is higher than many people assume. Simply walking past a dog, reaching out to pet it, or making normal movements typically doesn’t qualify as provocation. The victim’s action must be unreasonable enough that it would naturally cause a dog to react defensively or aggressively.
Children receive special consideration in provocation analyses. Young children often don’t understand how their actions might provoke animals, and courts are less likely to find that a child’s behavior constituted legal provocation. A six-year-old pulling a dog’s tail might not be held to the same standard as an adult engaging in similar behavior.
The burden of proof falls on the dog owner to establish provocation. You can’t simply claim the victim must have done something to cause the bite. You need evidence showing what the victim did and why that action would reasonably provoke a dog to bite.
What to Do Immediately After a Bite
Your first priority should be ensuring the victim receives appropriate medical attention. Dog bites can cause serious injuries, including deep puncture wounds, nerve damage, infections, and scarring. Offering to call for medical help or providing first aid demonstrates good faith and might reduce tensions in the immediate aftermath.
Document everything about the incident while the details are fresh. Write down exactly what happened, including where the dog was, what the victim was doing, who else was present, and any relevant circumstances. Take photographs of the scene, the dog, and any visible injuries if the victim consents.
Exchange contact and insurance information with the victim. Provide your homeowner’s or renter’s insurance details and get the victim’s contact information. Most people carry liability coverage through their homeowner’s insurance that covers dog bites, though some policies exclude certain breeds or impose limitations.
Report the incident to your insurance company promptly. Most policies require timely notification of potential claims. Failing to report could jeopardize your coverage. Be honest about what happened, but avoid admitting fault or making statements about liability before understanding the full situation.
Contact animal control or local authorities if required. Many jurisdictions mandate reporting dog bites, especially those requiring medical treatment. Failure to report when required can result in additional penalties and strengthen the victim’s case against you.
Insurance Coverage for Dog Bites
Homeowner’s insurance typically covers dog bite liability up to your policy limits. Standard policies often include $100,000 to $300,000 in liability coverage that applies to dog bites occurring on your property. This coverage pays for the victim’s medical expenses, lost wages, pain and suffering, and other damages.
However, insurance coverage isn’t guaranteed. Some policies exclude coverage for specific dog breeds deemed high-risk, including pit bulls, Rottweilers, German shepherds, and others. If you own an excluded breed, you might have no coverage when your dog bites someone, leaving you personally liable for all damages.
Prior bite incidents can also affect coverage. If your dog has bitten someone before, your insurance company might exclude that dog from coverage, cancel your policy, or refuse to renew. Some companies impose breed-specific exclusions after any bite incident, even if the first bite was minor.
Renters often assume they don’t need liability insurance because they don’t own property, but renters’ insurance provides the same liability coverage for dog bites as homeowner’s policies. If you rent and own a dog, carrying renters’ insurance with adequate liability limits protects you if your dog bites someone.
Potential Damages You Could Face
Medical expenses represent the most straightforward damages. This includes emergency room visits, surgery, medications, physical therapy, and any ongoing treatment required. Dog bites to the face often require plastic surgery and leave permanent scarring, driving medical costs into the tens of thousands of dollars.
Lost income adds up quickly when injuries prevent victims from working. If a dog bite to someone’s hand leaves them unable to perform their job for weeks or months, you’re liable for those lost earnings. Professional workers with high incomes can claim substantial lost wage damages.
Pain and suffering damages compensate victims for the physical pain, emotional distress, and reduced quality of life caused by the bite. These damages are subjective and can exceed medical bills, especially in cases involving disfiguring scars, children, or bites to sensitive areas like the face.
Permanent scarring, especially facial scars, significantly increases damage awards. Children who suffer facial scarring may receive higher compensation because they must live with the disfigurement for decades. Reconstructive surgery helps but rarely eliminates scars completely.
Psychological trauma following dog attacks is real and compensable. Victims, particularly children, often develop a lasting fear of dogs, anxiety, nightmares, or post-traumatic stress disorder. These psychological injuries require treatment and justify additional damages beyond physical injuries.
Criminal Consequences in Serious Cases
Beyond civil liability, dog owners can face criminal charges in certain situations. If your dog has a history of aggression and you failed to properly restrain it, resulting in serious injury or death, prosecutors might file criminal charges ranging from harboring a dangerous animal to more serious offenses.
Dangerous dog designations can result from bite incidents. Animal control might classify your dog as dangerous or vicious, imposing requirements like special enclosures, warning signs, mandatory muzzling in public, higher licensing fees, or liability insurance. Violating these requirements can lead to fines or seizure of the dog.
Some jurisdictions allow euthanasia orders for dogs that cause serious injuries, especially if the dog has a history of aggression. While courts don’t automatically order dogs destroyed after bites, repeated incidents or particularly severe attacks increase this risk significantly.
Protecting Yourself from Liability
Preventing bites in the first place is the best protection. Secure fencing keeps your dog contained and prevents interactions with people who might sue if bitten. Warning signs alert visitors that a dog is present, though these don’t eliminate liability under Michigan’s strict liability law.
Proper training and socialization reduce bite risk substantially. Dogs that learn appropriate behavior around strangers, children, and other animals are far less likely to bite. Professional training addresses aggression issues before they escalate to dangerous behavior.
Restraining your dog when guests visit or service workers enter your property prevents most bite incidents. Keeping your dog in another room, in a crate, or on a leash during these situations costs nothing and dramatically reduces your exposure to liability.
Adequate insurance coverage is essential for any dog owner. Review your homeowner’s or renter’s policy to confirm you have liability coverage and that your specific dog isn’t excluded. Consider umbrella liability policies that provide additional coverage beyond your standard policy limits.
What If You’re Caring for Someone Else’s Dog
When you agree to watch a friend’s or family member’s dog, you assume potential liability if that dog bites someone on your property. Michigan law holds both owners and keepers liable, and as the person in control of the dog when the bite occurred, you qualify as a keeper.
This shared liability means the victim can sue you, the owner, or both. Your insurance and the owner’s insurance might both respond to the claim, but you could still face out-of-pocket expenses if damages exceed combined policy limits or if either policy excludes coverage.
Before agreeing to watch someone else’s dog, ask about the dog’s history, temperament, and any prior incidents. Get the owner’s insurance information and verify your own policy covers the dogs you’re temporarily caring for. These precautions don’t eliminate liability but help you understand your risk.
Getting Legal Help
If someone was bitten by a dog on your property, consulting with a Michigan dog bite attorney helps you understand your liability and options. Insurance companies often pressure dog owners to give statements or settle quickly, sometimes for more than necessary or in ways that don’t protect their interests.
Legal representation ensures you don’t make statements that could increase your liability or violate your insurance policy requirements. Attorneys negotiate with victims and their lawyers to reach fair settlements that adequately compensate injured parties while protecting you from excessive claims.
The Cochranlaw Firm understands that dog bite cases involve complex liability issues, emotional attachments to pets, and significant financial stakes. Whether you’re a dog owner facing a claim or a bite victim seeking compensation, understanding Michigan’s strict liability law and how it applies to your specific situation helps you make informed decisions about how to proceed.
