Michigan Dog Bite Law
A chase pungency victim in Michigan can recover recompense under a special codified and the doctrines of negligence, scienter, and intentional tort .
The state of matter of Michigan holds the owner of a dog strictly liable for dog bites to a human being that were not provoked, provided that if the incident happened upon the andiron owner ‘s property the victim was not a intruder or there to do something improper or criminal. Liability besides can be based upon scienter, negligence, and other grounds such as barrage .
The statutory ground is set forth in the rigorous indebtedness pawl bite legislative act, Mich. Comp. Laws Ann., securities and exchange commission. 287.351. It provides as follows :
Reading: Michigan Dog Bite Law
287.351 Person bitten by andiron ; liability of owner .
Sec. 1. ( 1 ) If a frump bites a person, without incitement while the person is on public property, or legitimately on private property, including the property of the owner of the frank, the owner of the andiron shall be liable for any damages suffered by the person bite, careless of the former ferociousness of the pawl or the owner ‘s cognition of such ferociousness .
( 2 ) A person is legitimately on the private property of the owner of the frump within the think of of this act if the person is on the owner ‘s property in the operation of any duty imposed upon him or her by the laws of this country or by the laws or postal regulations of the United States, or if the person is on the owner ‘s property as an guest or licensee of the person legally in possession of the property unless said person has gained lawful submission upon the premises for the purpose of an unlawful or criminal act.
andiron owners are limited to the defenses enumerated in the codified, namely that the plaintiff provoked the frank or the plaintiff was a intruder at the time of the incident. Nicholes v. Lorenz ( Mich. 1976 ), 237 N.W.2d 468 .
The second most significant ground is negligence. It can be based on anyone ‘s unreasonable actions or excessive failure to take an action. negligence besides can be based on the trespass of a three law or animal control police. See Zeni v Anderson, 397 Mich 117, 128-129 ( 1976 ) ; Gould v Atwell, 205 Mich App 154, 158 ( 1994 ). For model, Section 10-27 of the Grosse Pointe Code of Ordinances requires dogs to be kept on a rope when off the owner ‘s property. ( Subsection ( a ) of section 10-27 states that “ [ nitrogen ] o owner of any frump may permit such dog to stray beyond his premises unless the andiron is on a leash but no longer than 10 feet in duration which leash is by rights held by a person adequate to of restraining the actions of such frump, or unless such dog is in an enclose vehicle or container. ” )
Some cities in Michigan have strict liability laws that go beyond the state ‘s rigorous liability ordinance. For example, segment 10-28 of the the Grosse Pointe Code of Ordinances provides that “ [ e ] identical owner of a pawl shall be apt for damages for any and all injuries to person or property caused by such andiron, to be determined and collected in allow civil proceedings, and nothing in this chapter shall be construed to impose any liability upon the city, its agents or employees, for damages caused by such dog. ” It is a rigorous liability law that covers “ any and all injuries ” to both people and animals ( arsenic well as other property ), making it more expansive than the submit legislative act.
Landlords can be held liable for bites inflicted by dogs belonging to tenants. In Szkodzinski v. Griffin, 171 Mich. App. 711, 431 N.W.2d 51 ( 1988 ), the 6-year-old plaintiff was bitten when a evil chase owned by the defendant ‘s residential tenant attacked him when he entered the premises to retrieve his testis. The court, citing Strunk v. Zoltanki, above, 62 N.Y.2d 572, 468 N.E.2d 13, 479 N.Y.S.2d 175, stated that the defendant landlord could be held liable if he knew of the frump ‘s poisonous nature. farming owners can be held responsible for any dangerous condition of their property. See Premises Liability vs. General Negligence in Michigan by Ronald C. Wernette Jr. and Eric A. Rogers .
For a sample abbreviated of the police of Michigan pertaining to statutory liability, negligence based on the misdemeanor of a city leash law, and rigid liability based on a city ordinance, see Michigan Law Brief. Many other causes of action are potential in a chase morsel case ; see Causes of Action. A charge containing these causes of action can be well drafted by using the templates in Dog Bite Lawsuit Forms and The Undemurrable Complaint .