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Common Defenses in a Dog Bite Case

Admin • Nov 03, 2018
Angry Dog

Michigan has a strict liability law when it comes to dog bite injuries. The strict liability law means you don't have to prove the dog owner's negligence when pursuing compensation for a dog bite. However, the dog owner may still escape liability for your damages if they can prove the following circumstances.

Statute of Limitations Has Expired
The statute of limitations is the period you have to file your dog bite lawsuit. You lose the right to sue for a dog bite when the statute of limitation expires. The statute of limitations varies by state and by injury, and in Michigan, it is set at three years , and the counting is done from the date of your injury.

This means you have three years to decide whether or not to sue a dog owner for a dog bite. Don't accept the dog owner's apology and a token compensation only to turn back and lodge a lawsuit when you are down on finances three and a half years later. In such a case, the court will look at the date of the injury and throw out your case.

Injury Wasn't Caused by a Bite
An animal, such as a dog, can cause you injury in several ways. For example, a burly dog can knock you to the ground either playfully or during an attack. Another example of a non-bite injury from a dog is if the dog runs in front of your motorized wheelchair or bike and causes an accident.

In Michigan, however, the dog bite statute only applies to dog bites and not to other dog-related injuries. As such, you may be out of luck if the owner manages to prove that the dog didn't actually bite you, but only caused you injury in another way.

Defendant Doesn't Own the Dog

Before filing a dog bite lawsuit based on strict liability laws, make sure that the person you want to sue is the owner of the dog. You need to ensure the defendant is the dog's owner because, in Michigan, strict liability laws only govern dog bites when the defendant is the owner of the animal. Otherwise, the usual negligence rules take over.

For example, strict liability will not apply if you want to sue a landlord if a tenant's dog has attacked you. In this case, ordinary negligence laws apply. You have to prove that the landlord did something or failed to do something and that their action or inaction caused you injury.

Victim Provoked the Dog

You don't have to prove the dog owner's negligence when pursuing damages based on strict liability laws. However, you still need to prove that you did not provoke the dog, especially if the dog owner has claimed that you did.

Note that the court may find that you provoked the dog even if you did not intend to provoke the animal. Anything that a dog can interpret as a threat to its interests, such as reaching out to pet the animal, counts as provocation.

Victim Was Trespassing on the Owner's Property

Lastly, the dog owner may also escape liability or the attack if they can prove that you were trespassing on their property, and that is where the dog attacked you. Trespassing is a viable dog bite defense, and you will need to explain to the court what you were doing on the property and whether you had the owner's permission to be there.

The existence of the strict liability law doesn't guarantee you an easy ride in your dog bite case. You still have to

overcome the dog owner's defenses. At Marienfeld Law, PLLC, we can help you overcome these defenses and get

you the compensation you deserve. Contact us for a free consultation if you have a dog bite case.

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