Dog Bite Laws in Michigan: Why "Strict Liability" Means You Can Recover Damages
It’s a beautiful weekend in Downriver. You’re walking your dog at Heritage Park in Taylor, or maybe just grabbing the mail at your home in Wyandotte. Suddenly, a neighbor’s dog breaks loose from a yard or pulls a leash out of a hand.
In seconds, a peaceful afternoon turns into a trip to the ER.
After the chaos settles, the dog owner almost always says the same thing: “I’m so sorry! He’s usually so sweet. He’s never done this before.”
They might think that because their dog has a "clean record," they aren't responsible. In many states, that’s true—it’s called the "One Bite Rule."
But not in Michigan.
Michigan is a "Strict Liability" State
At Downriver Injury & Auto Law, we want you to know that Michigan has one of the toughest dog bite laws in the country (MCL 287.351).
Under our law, a dog owner is strictly liable for any damage their dog causes to a person who is:
On public property (like a sidewalk or park).
Lawfully on private property (like a guest, a mail carrier, or a delivery driver).
It does not matter if the dog has never bitten anyone. It does not matter if the owner took "reasonable precautions" like using a leash. If the dog bites, the owner pays. Period.
The Only Two Defenses (And How Insurers Twist Them)
Because the law is so clear, insurance companies (who cover these claims under Homeowner’s policies) only have two ways to get out of paying you. They will try to argue:
1. You Were Trespassing If you hopped a fence into someone's backyard and got bitten, you likely don't have a case. But we often see insurers try to argue that a delivery driver or a neighbor returning a lost ball was "trespassing." We know how to shut that argument down.
2. You "Provoked" the Dog This is the most common tactic, especially when the victim is a child. If a child was playing nearby, yelling, or moving quickly, the insurance adjuster might argue the child "provoked" the attack. Do not let them blame your child. In Michigan, provocation generally requires a deliberate act (like hitting or tormenting the animal). Accidental movements or just "being a loud kid" is NOT provocation.
The Hidden Cost of a Dog Bite: Scarring & Trauma
Dog bite settlements aren't just about paying for the initial stitches.
Scarring: A bite on the face or arm can leave keloid scars that require expensive plastic surgery or laser treatments years down the road.
Nerve Damage: Deep puncture wounds can sever nerves, causing lifelong numbness or weakness in hands.
Psychological Trauma: For a child, the fear of dogs (cynophobia) can last a lifetime, requiring therapy.
If you settle quickly with the neighbor’s insurance company for $2,000, you are signing away the right to pay for your child’s future plastic surgery.
Neighbors Can Stay Neighbors
We understand it’s awkward to sue a neighbor. But remember: You are not taking money from your neighbor's bank account. You are claiming the insurance benefits they paid for exactly for this reason.
If you or your child has been bitten in Downriver, don't accept the "it was an accident" excuse. Call us. We will handle the awkward conversations with the insurance company so you can focus on healing.
Downriver Injury & Auto Law Elite legal representation, right here in Downriver.
