Common Reasons Dogs Bite
According to experts, 70 percent of dog bites happen in the home, and 80 percent of people are bitten by dogs they see on a regular basis. Understanding the most common reason a dog acts out aggressively is important for avoiding attacks altogether. The main reasons include:
- They’re protecting their home
- They are in pain
- They feel trapped
- Your actions surprised them
- They became overly excited
Types of Michigan Dog Bite Claims and When to File
As with many other personal injury cases, there is a deadline for bringing a claim against the liable party. In Michigan, you have three years from the date of the injury to file a civil claim in court against the liable party – the dog’s owner.
There are four potential ways to bring a dog bite lawsuit in Michigan:
Strict liability
If a dog bites a person, the dog’s owner can be held liable for any damages suffered by the victim as long as the victim did not provoke the attack and was legally on the property where the attack occurred. Under this statute, the owner may still be held liable, even if the dog previously displayed good behavior and wasn’t known by the owner to bite. Also, if the dog leaves the owner’s property, the owner may be subject to liability.
Negligence
This implies the dog owner owed a legal duty to the victim and the resulting injuries were a breach of that duty and an attack occurred. Negligence usually involves cases where the animal exhibited aggressive traits prior to the attack or the animal was in the owner’s possession long enough to be aware of its predisposition. This can also come with criminal implications. Sometimes an owner can be liable even if the dog knocks a victim down but doesn’t bite during an attack.
Trespass
This statute protects victims of dog attacks when the animal went on the property of another without permission.
Battery
In rare instances, a battery claim arises when a dog owner uses the animal to intentionally inflict harm on the victim.
It’s important to note that you can plead multiple legal theories for holding the defendant liable in a dog bite injury or attack claim. You are not limited to only one. By pleading multiple theories, your attorney may uncover important information during the discovery phase of your lawsuit that is applicable to each theory. This is an important strategic advantage the most skilled dog bite lawyers utilize.
Elements of a Dog Bite Claim
As the injured party, Michigan law requires you to prove the following in order to successfully bring a claim against the dog owner:
- The dog caused your injuries;
- You were in a place you were lawfully allowed to be (not trespassing) and may include the dog owner’s home as long as you had permission to be there;
- You did not provoke the dog and cause it to attack and bite;
- You are bringing a claim against the dog’s owner, not another person who may have had possession of the dog at the time of the attack but does not legally own the animal.
The only valid defense a defendant may claim is your failure to fulfill these proof requirements. Of these four requirements, the one most commonly litigated over is whether or not the animal was provoked, whether intentional or unintentional.
