Dog bite victims in Michigan often wonder if they can sue when the dog has never bitten anyone before. The short answer? Yes. Michigan’s strict liability law allows you to recover compensation even if it’s the first time the dog has attacked, as long as you didn’t provoke the animal and were legally on the property. But while the law is on your side, proving the dog had a history of dangerous behavior can still make or break your case. It can shut down common defenses, boost your credibility, and increase your chances of a fair settlement or court award. If you’re serious about proving liability in a Michigan dog bite case, understanding what the owner knew and when is a critical first step. Here’s what you need to know.
Does Michigan Require a Dog to Bite Before You Can Sue?
Some states follow the “one bite rule,” which means a dog owner isn’t liable unless the dog has previously bitten someone. Michigan does not follow this rule. Instead, dog bite cases fall under a strict liability law, specifically MCL 287.351, which means an owner can be held responsible for a bite even if it’s the dog’s first offense. As long as you were lawfully on the property and did not provoke the dog, you may be entitled to compensation for your injuries. There’s no legal requirement to prove the dog had a known history of aggression but doing so can still help, especially if the owner or their insurance company tries to shift blame.
Why Proving the Dog Was Dangerous Still Matters
Even though Michigan applies strict liability to dog bite cases, showing that a dog had a history of aggression can still play a major role in the outcome of your claim. Why? Because insurance companies often look for any excuse to deny or minimize your case especially if they can argue that you provoked the dog, trespassed, or misunderstood what happened. Proving the dog was dangerous can help:
- Undermine common defenses like provocation or trespassing
- Support your credibility if the details of the attack are disputed
- Establish a pattern of negligence on the part of the owner
- Increase the chances of a higher settlement or court award
In short, proving the dog’s aggressive tendencies gives your case more leverage even when strict liability already applies.
Key Signs a Dog Owner Knew Their Pet Could Be Dangerous
While some dog owners may try to claim they had no idea their pet would bite, there are often warning signs that suggest otherwise. These signs can be powerful evidence in a legal claim, especially if you can show the owner ignored them or failed to take precautions. Below are some common red flags that may indicate a dog had a known history of aggressive behavior:
| 🐾 Warning Sign | 📋 What It Suggests |
|---|---|
| 🦴 Prior bite or attack | Indicates a history of aggression — may already be on record with authorities |
| ⚠️ “Beware of Dog” signs | Suggests the owner is aware of potential danger and has posted warnings |
| 🔗 Use of muzzle or heavy chain | Often used to restrain a dog known to lunge, bark, or behave unpredictably |
| 🗣️ Frequent barking/growling | Shows consistent signs of territorial behavior or fear-based aggression |
| 🏘️ Neighbor complaints | Verbal or written concerns can point to a known risk in the community |
💡 Clark Insight: We’ve seen many cases where a dog’s aggressive behavior was an open secret such as warning signs posted, neighbors who had complained, or the dog was always kept muzzled. When owners ignore these red flags, it strengthens your case and makes it harder for insurance companies to deny liability.
How to Find Evidence the Dog Owner Ignored the Risk
If you believe the dog’s owner knew their pet was dangerous, you’ll need to back that up with real evidence. Fortunately, there are several ways to gather proof that the owner had prior knowledge of aggressive behavior even if they deny it now. This type of evidence can come from a variety of sources:
| 🕵️ Source | 🧾 Type of Evidence | 🧠 Why It Matters |
|---|---|---|
| 📋 Vet records | Notes about aggression, muzzle instructions | Shows medical professionals flagged behavior |
| 🐕 Animal control reports | Bite history, prior complaints, citations | Demonstrates official acknowledgment of risk |
| 🧑🤝🧑 Witness statements | Testimony from neighbors, delivery drivers, etc. | Confirms owner had notice from others |
| 📹 Security footage | Video of lunging, barking, or aggressive behavior | Offers visual proof hard to dispute |
| 🌐 Social media posts | Photos, captions, or stories about the dog acting out | Undermines claims the attack was “unexpected” |
Gathering this documentation early in your case can make a big difference, especially if the dog’s owner tries to rewrite the facts after the bite.
When a Dog Owner May Still Deny Responsibility
Even with Michigan’s strict liability law, dog owners and their insurance companies often try to avoid paying by shifting blame onto the victim. If they can’t deny the bite happened, they’ll look for other ways to minimize their responsibility and proving the dog was dangerous helps shut those arguments down. Common defenses dog owners may raise include:
- You provoked the dog by yelling, running, or making sudden movements
- You were trespassing or not lawfully on the property at the time
- The dog had never shown aggression before, so the bite was unforeseeable
- You assumed the risk by approaching or petting the animal
If you can show the owner had prior knowledge of the dog’s aggression or that others had warned them, these defenses lose their weight. The more you can document about the dog’s behavior before the attack, the stronger your legal position becomes.
How an Injury Lawyer Can Help Prove the Owner’s Knowledge
Dog bite cases aren’t just about what happened, they’re about what you can prove. An experienced injury lawyer knows how to build a strong case by uncovering the right evidence, challenging insurance company tactics, and presenting your claim in a way that’s hard to ignore. Here’s how a lawyer can help prove the dog’s owner knew their pet was dangerous:
- Investigating the dog’s history through public records, animal control files, and prior complaints
- Interviewing witnesses who may have seen past aggression or overheard the owner talk about it
- Preserving surveillance footage before it gets deleted or overwritten
- Analyzing medical records and injuries to show the severity and nature of the attack
- Pushing back on weak defenses like provocation or trespassing when they don’t apply
💡 Clark Insight: In many of our dog bite cases, it’s not the bite itself that wins the case…it’s what happened before. We dig into prior complaints, interview neighbors, and uncover records that show the owner ignored clear warning signs. That kind of evidence changes everything when it comes to getting our clients the compensation they deserve.
FAQs About Proving Dog Owner Liability in Michigan
Can you sue a dog owner in Michigan if it was the first bite?
Yes. Michigan’s strict liability law allows you to sue even if the dog has never bitten anyone before, as long as you were lawfully on the property and didn’t provoke the animal.
What if the owner claims they didn’t know the dog was dangerous?
You don’t need to prove they knew — but doing so can help your case. Evidence of past aggression, complaints, or warnings can shut down common defenses.
How can I prove a dog had a history of aggression?
Look for vet records, animal control reports, neighbor testimony, or even old social media posts that show the dog’s behavior before the bite.
Will the dog be put down if I file a claim?
Not necessarily. Most legal claims focus on compensation, not punishment. The fate of the dog is usually decided by animal control, not the court.
What if there were no witnesses to the bite?
You can still file a claim. A lawyer can help gather supporting evidence from medical records, property surveillance, and the dog’s behavioral history.
Injured by a Dangerous Dog? We’re Ready to Help.
If you were bitten by a dog and believe the owner knew it posed a danger, don’t wait to get help. At The Clark Law Office, we’ll investigate the facts, gather the right evidence, and fight to hold the owner accountable. Still unsure who’s liable for a dog bite in Lansing? You don’t have to prove everything on your own, let us build a strong case for the compensation you deserve. Schedule a free consultation today and speak directly with an attorney who knows how to win these cases.
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