In Michigan, a dog’s owner has a legal responsibility to ensure that the dog does not injure people.  Specifically, the dog bite statute provides:

(1) If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.

(2) A person is lawfully on the private property of the owner of the dog within the meaning of this act if the person is on the owner’s property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or if the person is on the owner’s property as an invitee or licensee of the person lawfully in possession of the property unless said person has gained lawful entry upon the premises for the purpose of an unlawful or criminal act.

The purpose of the dog-bite statute is to hold the owner of a dog liable for bite injuries to a lawful victim who did not provoke the dog.  If the victim provoked the dog, that is a defense the owner can use in court to avoid liability under the dog bite statute.  The dog’s owner is liable to the person bitten irrespective of the owner’s knowledge of the dog’s vicious propensities.  It is irrelevant whether the owner of the dog was negligent.  The dog owner is strictly liable for any damages caused by the dog when it bites someone.

Thus, dog owners would be wise to keep their dogs securely on their own properties and to ensure that their dog is well-behaved when others are around.

— Kassem Dakhlallah is a senior partner with At Law Group, PLLC.  His practice focuses on complex litigation, including class actions, representative actions, commercial litigation, civil forfeiture and personal injury. He can be reached at (313) 406-7606 and kd@atlawgroup.com.

— Kassem Dakhlallah is a partner with Jaafar & Mahdi Law Group, P.C.  His practice focuses on complex litigation, including class actions, representative actions, commercial litigation, civil forfeiture and personal injury. He can be reached at (313) 846-6400 and kassem@jaafarandmahdi.com.