Michigan Law in Injuries Caused by Animals
Michigan’s Animal Running at Large Act
Michigan’s Animal Running at Large Act provides for both civil and criminal liabilities when certain animals escape, but it limits civil liability to property damage only. This law imposes liability on the “owner” of cattle, horses, sheep, swine, mules, burros, or goats if the animals trespass onto the property of another and cause property damage.
Based on this statute, if you “own” or keep an animal that damaged property while roaming “at large,” you will be liable for that property damage, even without proof of wrongdoing on your part. You might also be charged with a criminal misdemeanor for enabling your animal(s) to roam “at large.” The Act sets forth, among other things, procedures for “[a] person who sustains any loss of, or damage to, property by an animal running at large” to “demand reasonable compensation from the owner of the animal …”
Bodily Injury Claims Arising from Loose Livestock Read More What kinds of circumstances have supported claims of negligence? Here are some examples: Facilities, fencing and/or enclosures that, although in good repair, were deficient in some way such as inadequate height, improper latches, or deficient enclosures that allowed the animal to escape. What If My Animal Hurts Another? (i) An animal that bites or attacks a person who is knowingly trespassing on the property of the animal’s owner. Read Less
Although we don’t typically think about cows or horses or goats as being dangerous, if your animal get lose and causes an accident it can result in serious bodily injury or death which can make the owner liable. Michigan’s Animal Running at Large Act, as noted above, only applies to property damage. It does NOT address liability for personal injuries that loose animals may cause. Under Michigan law, if someone claims to be injured from your livestock or farm animals becoming loose, general principles of negligence would apply to his or her claims against you. To bring a negligence claim, the injured person must prove that you acted unreasonably, that your unreasonable act or omission caused the animal(s) to escape, that a person sustained damages, and that those damages were “proximately caused” by your negligence.
Inadequate fencing or enclosures from which the animal escaped.
Improperly trained staff who failed to handle or restrain the animal in a proper manner, such as leaving open gates from which animals could escape.
The owner or keeper knew of past escapes but failed to take appropriate corrective action.
MCL 281.321 defines a “Dangerous animal” as a dog or other animal that bites or attacks a person, or a dog that bites or attacks and causes serious injury or death to another dog while the other dog is on the property or under the control of its owner. However, a dangerous animal does not include any of the following:
(ii) An animal that bites or attacks a person who provokes or torments the animal.
(iii) An animal that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault.
When Good Dogs Bite
So what are the chances that I’ll get bitten by a dog or that my dog will bite someone else?
Looking at these question from a purely statistical point of view, your chances of being bitten are about 1 out of 69. Of those bitten, 1 in 5 will require medical attention. –Centers for Disease Control (CDC). Dog bites are a fairly common occurrence and its important to be aware of your rights as a dog bite victim.
Have you or a loved one suffered a dog bite due to the negligence of another person?
Being injured by dog bite can leave you in serious financial hardship. It is your legal right to file a claim to be compensated for your medical expenses, lost wages, pain and suffering and more. This is why you deserve and require the assistance of an experienced personal injury attorney who will seek maximum compensation for your losses. Abood Law has been representing clients in Michigan since 1956 and has extensive experience in personal injury cases. We’re here to see you’re compensated by all negligent parties.
Call us. We offer a free, no-obligation consultation, and operate on a no win, no fee basis for all personal injury cases.
Michigan Dog Bite Cases
The Abood Law Firm understands that although dogs are a typical family pet, they are territorial and can attack and seriously injure someone without warning or cause. Michigan law – both statutory and common law – creates liability when a dog injures someone. If the owner of the dog has a homeowner’s insurance policy or a renter’s insurance policy, the policy would typically provide coverage on behalf of the owner in the event that the owner’s dog injures someone. But…we know insurance companies don’t want to pay you the full value of a claim. In fact, they’ll do whatever it takes to minimize or even deny a claim. Abood Law will help you by dealing with the responsible party’s insurance company to ensure that you are treated fairly and by getting you top compensation for your claim.
We also know that when you have suffered a severe dog bite, your number one priority needs to be healing, not dealing with the legal aspects of your case. That’s why our office will handle your medical bills, bill collectors, the insurance company, the opposing lawyer’s paperwork, and more.
Not only does having an experienced personal injury attorney free up your time so that you can focus on recovering from your injuries, it also gives you peace of mind, knowing that decisions pertaining to your case are being made by a professional with your best interests in mind. We approach a case like we approach life…we go all in.
Liability Of owner for Dog Bite (EXCerpt)
Act 73 of 1939
287.351 Person bitten by dog; liability of owner.
Sec. 1.
(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.
– Legislative Council, State of Michigan
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MCL section 287.351 is a “strict liability” statute, meaning the owner of a dog cannot escape liability for bite injuries by claiming he or she did not have any warning that the dog was dangerous, or likely to bite. If the dog bites a person, the owner is automatically liable under Michigan’s law, even if the dog has never bitten anyone or acted aggressively before, as long as:
• The injured person did not provoke the dog, and
• The injured person had a lawful right to be in the location where the bite occurred.
If your injury was not a bite – for instance, if the dog runs out of its owner’s yard and knocks you down, the Michigan dog bite statute won’t apply to your case. But you may still be able to hold the owner liable for negligence if they did not use reasonable care in controlling their pet.
There’s no specific Michigan statute of limitations for dog bite lawsuits. Instead, these claims typically fall under the larger “Personal Injury” category, and Michigan’s statute of limitations for personal injury cases (MCL section 600.5805) says that any lawsuit “to recover damages for the death of a person, or for injury to a person or property” must be filed within three years (that means filing a personal injury complaint in court). The clock usually starts running on the date the bite or other injury occurred.
What is Negligence?
Negligence is a legal term of art and a cause of action, meaning that it can be a basis to sue someone. Negligence consists of four elements. In order to prove negligence, a person must establish the following:
• Duty
• Breach of Duty
• Causation, and
• Damages
A cause of action for negligence can apply to many different types of cases, including auto accidents, medical malpractice, slip and fall/premises liability claims, products liability, and legal malpractice. A negligence claim is the foundation for most personal injury cases and Abood Law has a long and successful history of prosecuting negligence cases on behalf of its clients.
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Benefits of Owning A Dog:
Dog ownership can be one of the most fulfilling and rewarding experiences in a person’s life. According to the American Heart Association, dog owners are 54% more likely to get the recommended amount of exercise than their non-dog owning counterparts. Dog owners are less likely to be depressed, and in fact, have higher levels of serotonin and dopamine than non-dog owners, mainly due to the fact that dogs are calming and familiar companions that can lead to less stress and anxiety. Having a dog can help put your mind at ease, something that helps both your mental and physical health. However, it’s important to understand your obligations as a responsible dog owner to protect others, yourself, and most importantly your dog.
First, under the Michigan Dog Law, of 1919 – MCL 287.262 and MCL 287.266 respectively all dogs must be licensed with the state. Owners of dogs 4 or more months old should apply for licensing and it is illegal for dogs 6 months to be unlicensed with the State. Additionally, under MCL 287.262, dogs must be leashed in public areas. Further, its important to vaccinate your dog as rabies vaccination is required under MCL 287.266. Failure to license, leash, or vaccinate a dog can be a way of showing negligence in the event you or someone else is bitten. Its important to take precautions and follow these laws no matter the size of your dog. Even small dogs can cause serious injury. As they say, it’s not the size of the dog in the fight, but the size of the fight in the dog.
What Happens if my dog is Attacked by another dog?
Michigan’s “one bite” or “strict liability” law only applies when the injured party is an actual person. However, you may still have a claim for negligence if a dog owner’s negligence results in their dog injuring your dog. For example, if your dog is attacked by another dog and your dog gets rabies, you may be able to show negligence if the other owner failed to vaccinate their dog for rabies, which is required under MCL 287.266. It is important that if your dog is attacked that you get the other dog owner’s information and take your dog to the veterinarian immediately if you believe they need medical attention.
Who gets the dog?
The Abood Law Firm is also well known for its family law practice. If you are going through a divorce or breakup, custody fights over your family pet(s) can become a contested and important issue. In Michigan, dogs and other pets are treated as “chattel”. This means that in Michigan most Courts will look at your pets only as property and treat the pets in the same fashion they would a television. If you’re going through a divorce or breakup, we can work with you to protect your interests in keeping your pet(s). Michigan divorce law does not allow for visitation rights or take into account the best interests of the animal, but parties can sometimes work out an agreement amongst themselves and some judges who are animal lovers may be willing to consider the issue of pet custody more than others. Additionally, If an Ex has taken possession of your pet, we may be able to help you with a “replevin” action, which is a legal means of recovering property.
Why you should choose the Abood Law Firm for your dog bite case
The Abood Law Firm understands that although dogs are a typical family pet, they are territorial and can attack and seriously injure someone without warning or cause. Michigan law – both statutory and common law – creates liability when a dog injures someone. If the owner of the dog has a homeowner’s insurance policy or a renter’s insurance policy, the policy would typically provide coverage on behalf of the owner in the event that the owner’s dog injures someone. But…we know insurance companies don’t want to pay you the full value of a claim. In fact, they’ll do whatever it takes to minimize or even deny a claim. Abood Law will help you by dealing with the responsible party’s insurance company to ensure that you are treated fairly and by getting you top compensation for your claim.
What does it mean to take the case on a contingency fee?
Contingency fee means that the lawyer’s fees are contingent on a settlement or award being paid to the client. In the event that there is no award to the client, the injury attorney does not get paid any money for his or her time. In Michigan, when a client hires a personal injury attorney on a contingency fee basis for a personal injury case, the ethical rules limit an attorney’s percentage to 33 1/3 % of the award that may be obtained for the client.
Almost all lawyers who handle personal injury cases on a regular basis take the case on a contingency fee and do not require money to be paid during the course of the litigation. A client should be suspicious of a lawyer who requires the client to pay money when the lawyer is being engaged to represent them for a personal injury case. If your lawyer is requesting a retainer fee to pursue a personal injury case, call Abood Law…we’ll explain our fee policy clearly, and in most cases you don’t pay unless we win.
Protect Yourself From a Lawsuit
Dog Bite Prevention: Responsible Dog Ownership
Responsible pet ownership builds a solid foundation for dog bit prevention. Some basics of responsible dog ownership and dog bite prevention can be found on the American Veterinary Medical Association website. Please use the link below to connect:
Contact Us About Your Case
The attorneys at The Abood Law Firm are happy to provide initial consultations at no charge and are available to advise clients 365 days a year. Contact us today to see how Abood Law can help you.