Dog attacks can happen in an instant, but the legal aftermath is often anything but simple. If you’ve been bitten, one of the first questions that comes up is: Is the dog owner legally responsible? In Michigan, the answer is often yes, but not always. Understanding how dog owner liability works is key to protecting your rights and getting the compensation you deserve. This guide breaks down the state’s laws, explains when owners are held accountable, and shows how an experienced attorney can help build a strong case for recovery.
When Is a Dog Owner Liable for a Bite in Michigan?
In most cases, Michigan law holds dog owners responsible when their dog bites someone even if the dog has never shown signs of aggression before. This is because Michigan follows a strict liability rule, meaning that victims don’t have to prove the owner was negligent. If you were lawfully on public or private property and didn’t provoke the dog, the owner is typically liable. Dog owners in Michigan may be held liable when:
- The bite occurred without provocation
- The victim was lawfully on the property
- The dog bite caused actual injury
However, there are exceptions that can affect liability, such as provocation or trespassing. These will be covered later in the page.
Understanding Michigan’s Dog Bite Liability Law (MCL 287.351)
Michigan’s primary dog bite statute, MCL 287.351, makes dog owners automatically liable for bite injuries in most situations. This strict liability law means that a victim doesn’t need to prove the owner was careless or knew the dog was dangerous. The law applies as long as certain conditions are met. Here’s a quick overview of how the statute works:
| ⚖️ Requirement | 📋 Explanation |
|---|---|
| 🐶 Dog bite occurred | Injury must be from an actual bite (not just a knockdown or scratch) |
| 🚪 Victim was lawfully present | Applies to guests, delivery workers, and others legally on the property |
| 🚫 No provocation | The victim must not have teased, hit, or threatened the dog |
| 👤 Owner of the dog | The defendant must be the legal owner or person responsible for the dog |
This law gives bite victims a powerful legal advantage, but owners and insurers may still try to avoid responsibility by claiming an exception applies.
Exceptions to Owner Liability
While Michigan’s strict liability statute favors dog bite victims, there are specific exceptions that can shield a dog owner from legal responsibility. Insurance companies often use these arguments to deny or reduce claims, so it’s important to understand how they work. The most common exceptions to liability include:
- Provocation: If the victim provoked the dog by hitting, teasing, or threatening it, the owner may not be held liable.
- Trespassing: If the bite occurred while the victim was unlawfully on private property, strict liability likely does not apply.
- Non-bite injuries: The statute applies only to actual bites. If the injury was caused by a dog jumping, scratching, or knocking someone over, you may need to prove negligence instead.
- Police or military dogs: In certain situations, trained dogs used by law enforcement may be exempt if the bite occurred during official duties.
Even if one of these exceptions applies, you may still have a claim under a negligence theory especially if the owner failed to properly restrain or control the dog.
What If the Dog Has Never Bitten Before?
Many dog owners assume they aren’t responsible if their dog has never bitten anyone but that’s not how it works in Michigan. Under the state’s strict liability law, a dog does not need a history of aggression for the owner to be held liable. Whether it’s the dog’s first bite or its tenth, the key factors are:
- The victim was lawfully on the property
- The bite was unprovoked
- The owner is identifiable and legally responsible for the dog
This no–“one bite rule” approach makes Michigan more victim-friendly than many other states. However, first-time incidents can still lead to disputes if the owner claims the victim was trespassing or provoking the dog which is why evidence and legal support are so important.
Proving Owner Negligence in Complex Cases
While Michigan’s strict liability law covers most dog bite cases, not all injuries fall under that statute. If your injury wasn’t caused by a bite for example, if a dog knocked you down or caused an accident — you may need to pursue a negligence-based claim instead. In these cases, you must show that the dog owner failed to act reasonably in preventing harm. That might include:
- Letting a dangerous dog roam off-leash
- Ignoring leash laws or local ordinances
- Failing to warn visitors about a dog’s aggressive tendencies
Here’s how strict liability and negligence claims compare:
| 📘 Legal Theory | 🔍 What You Need to Prove | ⚖️ When It Applies |
|---|---|---|
| Strict Liability | Bite occurred, no provocation, victim lawfully present | Most dog bite cases under MCL 287.351 |
| Negligence | Owner failed to act reasonably, causing injury | Non-bite injuries or when an exception applies |
Negligence cases can be harder to prove, but they still offer a path to compensation when strict liability doesn’t apply.
Landlord and Third-Party Liability in Dog Bite Cases
While dog owners are usually the primary party held liable for bites, there are situations where other individuals or entities may share responsibility — especially if they had control over the dog or the property where the attack occurred. Here are a few examples of third-party liability:
- Landlords: A landlord may be held liable if they knew a tenant’s dog was dangerous and failed to act especially in common areas like hallways or yards.
- Dog sitters or caretakers: Someone temporarily responsible for the dog, such as a dog walker or house-sitter, can be liable if they failed to control the animal.
- Property managers or businesses: If a bite happens at a commercial property and the business owner knew of the danger, they may be partially responsible.
- Parents of minor dog owners: If a child owns the dog, the parents are typically legally responsible for any injuries it causes.
These cases require careful legal analysis and strong evidence to prove who had control over the dog at the time of the attack.
How Liability Affects Settlement Value
Liability plays a critical role in determining how much compensation a dog bite victim can recover. The more clearly fault can be established, the stronger your negotiating position and the higher your potential settlement. On the other hand, if liability is unclear or disputed, insurance companies are more likely to offer lower payouts or deny the claim entirely. Here’s how different liability scenarios typically affect settlement value:
| ⚠️ Liability Scenario | 💵 Typical Settlement Impact |
|---|---|
| ✅ Clear liability under strict liability law | Strong case — typically results in higher settlement offers |
| ⚖️ Partial fault due to provocation | May reduce the settlement or lead to a denied claim |
| 🚫 Trespassing or unlawful entry by victim | Often bars recovery under strict liability |
| 🧩 No prior bites, but negligence is proven | Compensation possible, but requires more evidence |
| ❓ Disputed ownership or unclear control of dog | Can delay or lower settlement unless resolved with strong proof |
The more evidence you have to support your version of events, the better your chances of recovering the full amount you deserve.
Why Legal Representation Matters in Liability Disputes
When liability is clear, an insurance company may offer a quick settlement but that doesn’t mean it will be fair. In cases where fault is disputed, the dog owner denies responsibility, or there’s a third party involved, having a lawyer can make a major difference in both outcome and process. An experienced dog bite attorney can:
- Investigate the incident and gather evidence to prove liability
- Interview witnesses, request animal control reports, and collect medical records
- Identify all potentially liable parties, including landlords or caretakers
- Negotiate aggressively with the insurance company to maximize your compensation
- Take your case to court if a fair settlement can’t be reached
Without legal representation, victims are often left dealing with delays, denials, and lowball offers. A lawyer ensures your case is taken seriously and that no one escapes accountability.
Get Legal Help from a Michigan Dog Bite Attorney
If you’ve been injured by a dog in Michigan, don’t try to navigate liability laws and insurance negotiations on your own. Even if the facts seem straightforward, owners and insurers often look for ways to reduce or deny valid claims especially when liability is disputed. At The Clark Law Office, we have extensive experience holding negligent dog owners accountable. An experienced injury lawyer for dog bites will listen to your story, explain your legal rights, and help you determine the best path forward. There’s no fee unless we win your case. Schedule your free consultation today and let us fight to get you the full compensation you deserve. Learn how dog owner liability fits into broader legal responsibilities in our dog bite liability guide.
Frequently Asked Questions About Dog Owner Liability in Michigan
Are dog owners automatically liable for bites in Michigan?
In most cases, yes. Michigan has a strict liability law, which means owners are responsible for bites even if the dog had no prior history of aggression.
What if the dog has never bitten anyone before?
The owner can still be held liable. Michigan law does not require proof of prior attacks or a “dangerous dog” designation to bring a claim.
Can I sue if I was bitten while visiting someone’s home?
Yes, as long as you were lawfully on the property and didn’t provoke the dog, you likely have a valid claim against the dog’s owner.
What if I was trespassing when I was bitten?
Strict liability typically doesn’t apply if you were trespassing. However, you may still be able to bring a claim under general negligence, depending on the circumstances.
Is the owner still liable if I provoked the dog?
No. Provocation is one of the main exceptions to liability. If the owner can prove you provoked the dog, your claim may be denied.
Can someone other than the owner be held liable?
Yes. In some cases, landlords, property managers, or dog caretakers can share responsibility if they knew the dog was dangerous and failed to act.
Do I need a lawyer to prove liability in a dog bite case?
While not required, having a lawyer greatly increases your chances of proving liability and securing full compensation — especially if the owner or insurer tries to dispute your claim.