Dog bites can cause serious injuries, and while most claims are brought against the dog’s owner, there are situations where a landlord may share legal responsibility. If a tenant’s dog attacks a visitor, neighbor, or even another tenant, the landlord could be liable especially if they knew the dog was dangerous and failed to act. Michigan law doesn’t automatically hold landlords accountable, but under certain conditions, they may be sued for negligence. This page explains when landlord liability applies, how these cases are proven, and what options are available to injured victims.
Can a Landlord Be Sued for a Dog Bite in Michigan?
Yes, a landlord can be sued for a dog bite in Michigan, but only under specific circumstances. Michigan’s dog bite statute primarily holds dog owners strictly liable, meaning the victim doesn’t need to prove negligence. However, that strict liability does not extend to landlords. To hold a landlord responsible, the injured party must show that the landlord was negligent typically by proving that the landlord knew (or should have known) the dog was dangerous and had the legal ability to prevent the attack. These types of claims fall under premises liability and are much more complex than standard dog bite cases. Courts will look at several key factors when determining whether a landlord can be held liable:
- The landlord knew or should have known the dog had a history of aggression or vicious behavior
- The bite occurred in a common area of the property, such as a hallway, lobby, or shared yard
- The landlord had the right to remove the dog or enforce pet restrictions under the lease
- The landlord failed to take reasonable steps to prevent a foreseeable attack
- The injured person was lawfully on the property at the time of the incident
If these conditions apply, the landlord may be legally responsible for the injuries and damages caused by the dog.
When Is a Landlord Legally Responsible for a Tenant’s Dog?
Landlords in Michigan are not automatically liable when a tenant’s dog bites someone. However, they may be held responsible if certain legal conditions are met. Courts will examine the landlord’s knowledge of the dog’s behavior, their ability to take action, and whether the attack was foreseeable. Unlike dog owners, landlords are only liable if they were negligent in managing their property. To help illustrate when a landlord may be held legally responsible, the table below outlines the core legal elements courts consider in these cases:
| 🐾 Legal Factor | ⚖️ Why It Matters | 📁 Common Evidence |
|---|---|---|
| 🧠 Knowledge of Dog’s Viciousness | Landlord must know (or have reason to know) the dog was dangerous | Prior complaints, warnings, past incidents |
| 🏠 Control Over Premises | Landlord must have control over where the bite occurred | Lease agreements, property layout |
| 🚫 Right to Remove or Restrict Pets | Courts look at whether the landlord could have legally required removal | Lease terms, written notices |
| 📍 Location of the Attack | Liability more likely if it occurred in a common area | Witness statements, photos, property map |
| ⏳ Failure to Take Preventive Action | Inaction despite known risk can establish negligence | Emails, reports, tenant communications |
If one or more of these factors apply, the landlord may be liable for damages. However, these cases often hinge on documentation and witness credibility, making legal guidance essential.
What Must a Victim Prove in a Lawsuit Against a Landlord?
Bringing a lawsuit against a landlord after a dog bite is more complicated than filing a claim against the dog’s owner. Michigan’s strict liability statute applies only to owners, so victims pursuing a landlord must instead prove negligence. That means showing the landlord failed to take reasonable steps to prevent an attack they had reason to foresee. The burden of proof in these cases includes:
- Establishing that the landlord knew the dog posed a danger
- Demonstrating the landlord had control over the property or the ability to remove the dog
- Proving the landlord failed to act reasonably to prevent the injury
- Showing the attack occurred in a place the landlord was legally responsible for maintaining
To highlight the difference between the two types of claims, here’s a comparison:
| 🧾 Claim Type | ⚖️ Legal Standard | 🔍 What the Victim Must Prove |
|---|---|---|
| 🐕 Dog Owner | Strict Liability (MCL 287.351) | Bite occurred while victim was lawfully present |
| 🏢 Landlord | Negligence-Based Premises Liability | Landlord failed to prevent a known risk |
Because the negligence standard requires much more evidence, pursuing a claim against a landlord often involves detailed investigation, lease reviews, and documentation of prior incidents or complaints.
Examples of When Landlords Could Be Held Liable
Because landlord liability depends heavily on knowledge and control, these cases often turn on the facts. Below are a few common scenarios where a Michigan landlord could potentially be held responsible for a dog bite:
- Ignored complaints about a dangerous dog: Tenants in an apartment complex repeatedly reported a neighbor’s aggressive dog. The landlord took no action. A visiting guest was later bitten in the shared hallway.
- Violation of a no-pets lease clause: A tenant kept a large, aggressive dog in violation of the lease agreement. The landlord was aware but chose not to enforce the rules. The dog later attacked someone in a common area.
- Failure to maintain common areas: A dog was allowed to roam freely in a shared courtyard. The landlord had received prior warnings but didn’t install proper fencing or signage. A child was bitten while playing outside.
- Prior bite history on record: A dog had bitten someone before on the same property. Despite this, the landlord renewed the lease and did not require the dog’s removal. The dog attacked again.
In each of these cases, the key issue is whether the landlord had actual or constructive knowledge of the danger and failed to take reasonable steps to prevent harm.
Can Landlords Avoid Liability with Lease Clauses?
Many landlords try to protect themselves from liability by including clauses in the lease such as “no pets allowed” or “tenants assume all responsibility for animals.” While these provisions may help limit risk, they are not always legally effective in dog bite cases. Michigan courts generally look at the landlord’s actual conduct, not just the wording in a lease. If a landlord knows a tenant is violating a no-pets policy and does nothing to enforce it, that clause may not protect them. Similarly, disclaimers shifting liability to tenants do not excuse a landlord from taking reasonable steps to prevent a foreseeable injury. Common defenses landlords may raise include:
- The dog was kept without their knowledge
- The lease clearly prohibited dogs
- The bite occurred inside the tenant’s private unit, not a common area
- The landlord had no legal right to remove the dog
These defenses can be strong in some cases but if there is evidence the landlord knew about the risk and failed to act, they may still be held liable.
Compensation Available in Landlord Dog Bite Claims
If a landlord is found liable for a dog bite injury, the victim may be entitled to compensation through a premises liability claim. These damages are designed to address both the financial and emotional consequences of the attack, and they closely resemble the types of compensation available in claims against dog owners. The table below outlines the most common forms of compensation available in landlord-related dog bite cases:
| 💰 Type of Compensation | 📄 What It Covers |
|---|---|
| 🏥 Medical Bills | Hospital visits, surgery, rehabilitation, medications |
| 💼 Lost Wages | Time missed from work and reduced future income potential |
| 😖 Pain and Suffering | Physical pain, emotional distress, and anxiety |
| 🧑🦱 Disfigurement or Scarring | Permanent physical changes from the attack |
| 🧾 Miscellaneous Expenses | Transportation, assistive devices, or other out-of-pocket costs |
Victims can pursue these damages directly from the landlord’s liability insurance or through a personal injury lawsuit. An experienced attorney can help identify all potential sources of compensation and maximize the value of the claim.
How Our Dog Bite Attorneys Can Help with a Premises Liability Claim
Dog bite cases involving landlord liability are complex and fact-specific. Proving negligence requires more than just showing an injury it takes a detailed understanding of Michigan premises liability law, lease agreements, and what a landlord knew or should have known. At The Clark Law Office, our dog bite claim lawyers thoroughly investigate each case to determine whether a landlord may be held responsible. We gather critical evidence like tenant complaints, prior incident reports, and lease documents to build a strong claim.
Our team knows how to challenge common landlord defenses and pursue every available source of compensation for your injuries. If you or a loved one were bitten by a dog on rental property, contact us for a free consultation. We’ll explain your legal options and fight to hold the right parties accountable whether it’s the dog owner, the landlord, or both. See how landlords can be held accountable in dog bite cases in our liability and legal responsibility guide.
Frequently Asked Questions About Landlord Liability and Dog Bites
Can I sue a landlord if I was bitten by a tenant’s dog?
Yes, but only under specific circumstances. You must show that the landlord knew the dog was dangerous, had control over the property, and failed to take reasonable steps to prevent the attack.
Is a landlord liable if a dog bite happens inside a tenant’s unit?
Generally, no. Landlords are rarely held liable for bites that occur inside a private rental unit unless they had direct knowledge of a serious risk and failed to act appropriately.
What if the lease said 'no pets allowed'?
A no-pets clause may help the landlord’s defense, but it doesn’t automatically shield them from liability. If they knew a dog was present and did nothing to enforce the lease, they could still be found negligent.
Does it matter if the dog had bitten someone before?
Yes. Prior bites or complaints can prove the landlord knew or should have known the dog was dangerous, which is a critical part of a negligence claim.
Can I get compensation even if the landlord wasn’t the dog owner?
Yes. If the landlord’s negligence contributed to the circumstances that led to the bite, you may be able to recover damages through a premises liability claim.
Should I talk to a lawyer before filing a claim?
Absolutely. Landlord-related dog bite cases are complex and fact-sensitive. An experienced attorney can help you understand your rights, gather the right evidence, and pursue the full compensation you deserve.