When someone is bitten by a dog in Michigan, the law often favors the victim especially under the doctrine of strict liability. Unlike some states that follow the “one bite rule,” Michigan holds dog owners legally responsible even if the dog has never shown signs of aggression before. This means the victim doesn’t need to prove the owner was negligent. If the bite happened and the person was legally allowed to be on the property, the owner is almost always liable. This page explains how strict liability works under Michigan law, what victims need to prove, and how it differs from other types of personal injury claims. If you’ve been bitten by a dog, understanding your rights under this law is the first step toward getting compensated for your injuries.
What Is Strict Liability in Michigan Dog Bite Law?
Strict liability means a dog owner can be held legally responsible for a bite even if they did nothing wrong and had no reason to believe the dog was dangerous. Michigan follows this rule under MCL 287.351, one of the strongest pro-victim statutes in the country. Under this law, a dog owner is automatically liable if:
- Their dog bites someone, and
- The victim was lawfully on public or private property
The key difference between strict liability and negligence is that the owner’s intent, knowledge, or carelessness doesn’t matter. As long as the dog bit someone and the victim wasn’t trespassing or provoking the animal, the owner is on the hook for the harm caused. This legal approach is designed to protect the public and make it easier for dog bite victims to recover compensation especially in cases involving serious injuries, permanent scarring, or emotional trauma.
How Strict Liability Works in Dog Bite Claims
Strict liability makes it easier for dog bite victims to pursue compensation because it removes the need to prove the dog owner was careless or negligent. As long as the victim was lawfully present and the dog bite occurred, the law generally holds the owner responsible regardless of whether the dog had shown aggression before. But not all dog bite claims fall under strict liability. In some cases, victims must prove negligence instead, especially when the dog isn’t owned by the defendant or when certain exceptions apply. Understanding the difference between these two legal theories is critical for building a strong claim. The table below compares how strict liability and negligence apply in Michigan dog bite cases:
| 🧩 Legal Element | 🐾 Strict Liability | ⚠️ Negligence |
|---|---|---|
| 🧑⚖️ Who Can Be Sued | Only the dog’s legal owner | Dog owner, landlord, handler, or property manager |
| 📜 What Must Be Proven | 1. The dog bit the victim 2. Victim was lawfully present | 1. Negligent act or omission 2. That negligence caused the bite |
| 🐕 Prior Aggression Needed? | No — first bites still qualify | Usually yes — proof of known danger is often required |
| 🧠 Owner’s Intent or Knowledge | Irrelevant — liability exists even without fault | Must prove the person knew or should have known of the risk |
| 🛡️ Common Defenses | Provocation, trespassing, illegal activity | No duty owed, took reasonable precautions, lack of foreseeability |
| ⚙️ Case Complexity | Lower — focuses on the bite itself | Higher — requires investigation, evidence, and legal arguments |
| 💼 Typical Use Case | Most dog bites in public or on private property | Cases where strict liability doesn’t apply or owner isn’t known |
Strict liability claims are more straightforward, but they still require strong documentation especially if the dog owner disputes the facts or raises one of the limited defenses allowed under Michigan law.
Who Can Be Held Liable Under Strict Liability?
Under Michigan’s strict liability law, only the dog’s legal owner can be held strictly liable for a bite. That means the person who owns, harbors, or keeps the dog is the one responsible—not a landlord, property manager, caretaker, or temporary handler. To determine who qualifies as the “owner,” courts look at:
- Who provides food, shelter, and control over the dog
- Who registered or licensed the dog with the city or county
- Who had custody or control at the time of the attack
For example, if a dog bites someone while staying with a friend or relative, that temporary caretaker might not be considered the legal owner and strict liability may not apply. In those cases, a negligence claim may be more appropriate. Strict liability does not extend to landlords unless they are also the dog’s legal owner. If you’re pursuing a case involving a tenant’s dog, you’ll need to prove negligence instead.
For example, if a dog bites someone while staying with a friend or relative, that temporary caretaker might not be considered the legal owner and strict liability may not apply. In those cases, a negligence claim may be more appropriate. Strict liability does not extend to landlords unless they are also the dog’s legal owner. If you’re pursuing a case involving a tenant’s dog, you’ll need to prove negligence instead.
What Does a Victim Have to Prove?
Strict liability makes it easier for dog bite victims to bring a claim, but a few legal requirements still need to be met. Michigan law doesn’t require proof of negligence, but it does require proof that certain conditions were in place when the bite happened. The table below outlines what a victim must prove to successfully recover under Michigan’s strict liability statute:
| ✅ Legal Requirement | 📄 What It Means |
|---|---|
| 🐶 Dog Ownership | The defendant legally owns the dog that caused the bite |
| 🦷 Actual Bite Occurred | The dog must have bitten the victim—not just acted aggressively |
| 🚪 Lawful Presence | The victim was on public property or lawfully on private property |
| ❌ No Provocation or Illegal Activity | The victim did not provoke the dog or commit a crime when bitten |
While this legal standard favors victims, disputes often arise around ownership, provocation, or whether the victim had a right to be on the property. These issues can impact whether strict liability applies—and how strong your case will be.
Are There Any Exceptions to Michigan’s Strict Liability Law?
Yes. While Michigan’s strict liability statute strongly favors dog bite victims, there are a few important exceptions where the dog owner may avoid liability. These exceptions are often raised by insurance companies or defense attorneys to reduce or deny compensation. The most common exceptions include:
- Trespassing: If the victim was unlawfully on private property at the time of the bite, strict liability does not apply.
- Provocation: If the victim provoked the dog by teasing, hitting, or threatening it, the owner may not be liable.
- Commission of a Crime: If the victim was engaged in illegal activity when bitten (such as burglary), the law does not offer protection.
- No Actual Bite: Strict liability only applies to actual bites. Injuries from jumping, scratching, or being knocked over may fall under negligence instead.
These exceptions are often the focus of legal disputes. That’s why it’s important to document the scene, gather witness statements, and seek legal help early if the dog owner tries to shift the blame.
What Compensation Is Available to Dog Bite Victims?
Even though strict liability makes it easier to prove fault, victims must still demonstrate the extent of their injuries and losses to recover compensation. A successful dog bite claim can include both economic and non-economic damages. This compensation helps restore what was lost due to the attack whether that means paying medical bills, replacing lost income, or addressing emotional harm. While strict liability focuses on the act of the bite, the amount of compensation depends on the severity and long-term impact of the injury. The table below outlines the most common types of damages available in strict liability dog bite claims:
| 💰 Type of Damage | 📄 What It Covers |
|---|---|
| 🏥 Medical Bills | Emergency care, surgery, follow-up visits, and physical therapy |
| 💼 Lost Wages | Time missed from work or reduced earning capacity |
| 😖 Pain and Suffering | Physical pain, emotional distress, anxiety, and fear |
| 🧑🦱 Scarring or Disfigurement | Permanent changes in appearance due to the bite |
| 🧾 Out-of-Pocket Costs | Medications, transportation, wound care supplies, etc. |
| 🧠 Mental Health Treatment | Therapy or counseling needed as a result of the attack |
Dog bite injuries, especially those involving children or facial wounds, can have long-term consequences. Strict liability ensures that the legal process focuses on the injury itself rather than the dog’s history, but proving the full value of those damages still requires strong evidence.
Do You Still Need a Lawyer in a Strict Liability Case?
Yes. While strict liability removes the need to prove fault, that doesn’t mean dog bite cases are simple. Victims still need to prove the extent of their damages, navigate insurance disputes, and respond to common defenses like trespassing or provocation. Dog owners and their insurers often push back by:
- Arguing the victim provoked the dog
- Claiming the victim was trespassing or illegally on the property
- Disputing the severity or source of the injuries
- Offering quick settlements that undervalue the claim
A dog bite liability lawyer will gather evidence, document injuries, challenge weak defenses, and negotiate for the compensation you truly deserve. Without legal guidance, you risk leaving money on the table or having your claim denied entirely. Strict liability makes recovery possible. A skilled lawyer makes recovery realistic.
Talk to a Michigan Dog Bite Attorney About Your Rights
Even with Michigan’s strict liability law in your favor, dog bite cases are rarely as simple as they seem. Insurance companies know how to minimize payouts and they’re quick to argue that an exception applies. That’s why having the right legal team matters. At The Clark Law Office, we know how to handle dog bite claims from every angle. We’ll investigate the attack, collect medical records, deal with the insurance company, and fight for every dollar you deserve. If you or your child has been bitten by a dog, don’t wait to get help. Contact us today for a free consultation. We charge no fees unless we win your case. Discover how strict liability laws affect dog bite claims in our dog bite liability guide.
Frequently Asked Questions About Strict Liability Law and Dog Bites
What is strict liability in Michigan dog bite law?
Strict liability means a dog owner is automatically responsible if their dog bites someone, even if the dog had never acted aggressively before. Victims don’t have to prove negligence—just that a bite occurred and they were lawfully present.
Does Michigan follow the “one bite rule”?
No. Michigan does not follow the “one bite rule.” Instead, it uses strict liability, which holds dog owners accountable regardless of whether the dog had previously bitten anyone.
Can I still file a claim if the dog never bit anyone before?
Yes. In Michigan, prior aggression is not required. Strict liability applies even if the bite was the dog’s first offense.
Are landlords or caretakers strictly liable for dog bites?
No. Strict liability only applies to the dog’s legal owner. If a landlord or caretaker is involved, a victim must prove negligence instead.
What defenses can a dog owner use in a strict liability case?
Common defenses include claiming the victim was trespassing, provoking the dog, or engaging in illegal activity at the time of the bite.
Do I need a lawyer if liability is automatic?
Yes. While strict liability simplifies the legal standard, proving damages, handling defenses, and negotiating with insurance still require legal expertise. A lawyer helps maximize your compensation and protect your rights.