Michigan has one of the more victim-friendly dog bite laws in the country. Here is how it works in plain English, and where the exceptions are.
The dog bite statute: MCL 287.351
Michigan’s statute makes a dog’s owner liable for damages when the dog bites a person without provocation, as long as the person was on public property or lawfully on private property. The law expressly says this applies regardless of the dog’s former viciousness or the owner’s knowledge of it.
In practice, that means a bite victim usually needs to show four things:
- The defendant owns the dog.
- The dog bit you.
- You didn’t provoke the dog.
- You were on public property, or lawfully on private property.
Who counts as “lawfully” on private property?
Guests who were invited in, people doing their jobs — such as mail carriers, delivery drivers and utility workers — and others with a legal right to be there generally qualify. Trespassers generally do not.
The provocation defense
The most common defense in a Michigan dog bite case is that the victim provoked the dog. Michigan courts have held that provocation doesn’t have to be intentional — accidentally stepping on a dog’s tail, for example, may be argued as provocation. Whether the dog’s reaction was proportionate to what happened can also matter. These disputes are fact-specific, which is why witness statements and early evidence are so important.
Injuries caused by a dog without a bite
The statute covers bites. If a dog jumped on you, knocked you down or chased you into the street, you may still have a claim under Michigan common law (more on non-bite dog injuries):
- Known dangerous tendencies: An owner who knew the dog had dangerous tendencies can be held responsible for injuries the dog causes.
- Negligence: An owner who failed to use reasonable care — for example, by violating a local leash ordinance — may be liable for resulting injuries.
Who else can be responsible?
The statute places liability on the dog’s owner. Depending on the facts, other people or businesses — such as someone who was keeping or controlling the dog, or a property owner who knew about a dangerous dog — may share responsibility under other legal theories. We look at every possible source of recovery.
The text of Michigan’s dog bite statute (MCL 287.351)
(1) If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.
(2) A person is lawfully on the private property of the owner of the dog within the meaning of this act if the person is on the owner’s property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or if the person is on the owner’s property as an invitee or licensee of the person lawfully in possession of the property unless said person has gained lawful entry upon the premises for the purpose of an unlawful or criminal act.
For the official, current text, see the Michigan Legislature’s website.
Can a dog be put down after biting someone in Michigan?
There is no “one bite” or “three bite” rule in Michigan that automatically leads to a dog being euthanized. Under Michigan’s dangerous animal law, a complaint can be filed and a court can hold a hearing to decide whether a dog is a dangerous animal. If it is, the court can order conditions, and in serious cases, especially when the dog caused serious injury or death, it can order the dog destroyed. Separately, a dog that bites someone is commonly quarantined and observed for rabies.
Your injury claim doesn’t depend on what happens to the dog. Many bite victims, especially when the dog belongs to a friend or relative, simply want their medical bills and losses covered by the owner’s insurance. Learn how claims work when you know the owner.
The deadline to file
Most Michigan personal injury claims, including dog bite claims, must be filed within three years of the injury (MCL 600.5805). Michigan law can extend that period when the injured person is a child. Don’t rely on the deadline, though — evidence and witness memories fade long before it runs.
Dangerous dogs and animal control
Separate from your injury claim, Michigan and local governments have procedures for reporting bites and dealing with dangerous animals. Bites are typically reported to county animal control, and a dog that bites may be required to be quarantined and observed for rabies. That official report can become important evidence in your claim.
This page is general information about Michigan law, not legal advice for your situation. Every case depends on its facts. Contact us for a free review of yours.