How To Prove A Michigan Animal Injury Statutory (Dog Bite) Claim

 

 

In Michigan, a claim of Animal Injury Statutory (Dog Bite) is defined as:

Animal injury liability makes animal owners legally responsible for harm when their dog bites someone without provocation. It doesn’t matter if the dog had a history of being dangerous or if the owner knew about it.

It simply means:

Liability for injuries inflicted by an animal that owner reasonably foresaw.

There are 4 elements of the claim:

• Element 1. The defendant owned the dog that caused an injury. To prove a dog bite claim, it must be shown that the person being sued owned the dog that caused the injury, meaning they were responsible for the dog’s actions at the time of the incident.
  

  Facts that might support this element look like:

  * The defendant has been seen walking the dog in the neighborhood multiple times, indicating ownership.
  * The dog was registered in the defendant’s name with the local animal control authority.
  * Neighbors have testified that the defendant frequently referred to the dog as “my dog.”
  * The defendant’s home contains personal items and food specifically for the dog.
  * The dog was found in the defendant’s yard at the time of the incident.

• Element 2. The dog bit a person. In a dog bite case, one key element is that the dog actually bit someone, which means there must be clear evidence that the dog caused injury to a person, showing that the incident occurred and the dog was responsible for the bite.
  

  Facts that might support this element look like:

  * The dog was unrestrained and approached the person in a public park.
  * The person was bitten on the leg while attempting to walk past the dog.
  * Witnesses observed the dog growling and lunging at the person before the bite occurred.
  * The dog owner was present and did not attempt to control the dog during the incident.
  * The person required medical treatment for the bite, which was documented by a healthcare professional.

• Element 3. The bite occurred without any provocation from the injured person. This means that the person who was bitten did nothing to provoke the dog, such as teasing or threatening it, and the bite happened unexpectedly, which is an important factor in proving the dog’s owner may be responsible for the injury.
  

  Facts that might support this element look like:

  * The injured person was standing still and not making any sudden movements when the dog approached.
  * Witnesses observed that the injured person did not attempt to touch or interact with the dog prior to the bite.
  * The dog was on a leash and under the control of its owner at the time of the incident.
  * The injured person was simply walking by when the dog lunged and bit them without warning.
  * There were no verbal or physical provocations from the injured person that could have incited the dog’s aggressive behavior.

• Element 4. The injured person was either on public property or lawfully on private property when the bite occurred. For a dog bite claim to be valid, the person who was bitten must have been on public property or had permission to be on private property when the incident happened.
  

  Facts that might support this element look like:

  * The injured person was walking on a public sidewalk when the dog bite incident occurred.
  * The injured person was visiting a friend’s home with the owner’s permission when the dog attacked.
  * The injured person was participating in a community event held in a public park when the bite took place.
  * The injured person was retrieving a ball that had rolled onto the neighbor’s lawn, which they had permission to access.
  * The injured person was on a designated walking path in a public area when the dog approached and bit them.

^{(See Mich. Comp. Laws § 287.351 (2023).)}
If you’re in court without a lawyer and plan to assert a Claim of Animal Injury Statutory (Dog Bite), having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to navigate your case effectively.

Prove Your MI Animal Injury Statutory (Dog Bite) Claim

U.S. Civil Cases Only