What are the Dog Laws in Michigan?

Legally Reviewed and Edited by: Terry Cochran

Dog laws in Michigan help ensure the well-being and safety of everyone in the community. With 253 postal worker dog attacks alone in 2020, Michigan is the fifth worst state for dog bite injuries in the U.S. According to Triple-I and State Farm, Michigan had 892 dog bite claims in 2021 with an average value of $48,258 per claim.

The state has dog laws covering leash and tether usage, breed-specific legislation, and owner liability for dog bite injuries. The dog bite attorneys at Cochran, Kroll, & Associates, P.C. can help you understand relevant dog laws in Michigan and seek compensation for your damages from a negligent dog owner.

Leash Laws and Restraints

One of the most critical aspects of responsible dog ownership is ensuring that the animal is safely contained and controlled in public spaces. Michigan has specific laws regarding leashes and restraints to protect people who pass near a leashed or tethered dog.

Michigan Leash Law Requirements

Michigan’s leash law, statute 287.262, states the requirement for leashing in the state. All dogs over six months old must be licensed, wear a collar with an approved tag, and be appropriately leashed unless they are working dogs engaged in a training activity. Female dogs in heat must be leashed when outside their owner’s premises.

If you were injured in a dog bite incident by an animal not leashed on public property, the owner may be responsible for your injuries.

Tethering Restrictions for Dogs

Penal Code 750.50 is a dog law in Michigan that provides regulations for tethering animals outside. It specifies that the tether should be at least three times the dog’s body length and allow free movement within the tethered area.

Tethered or chained dogs are 2.8 times more likely to bite than non-chained animals. Liability for dog bite damages suffered from animals abused through excessive chaining or tethering may fall on the dog owner.

Dangerous and Vicious Dogs

In Michigan, a dangerous dog is defined by statute 287.321. According to this law, a dangerous animal is one that has bitten or attacked a person or domestic animal without provocation. A dog may also be considered dangerous if it has been involved in multiple incidents of aggressive behavior or threatens public safety.

Owners of dogs classified as dangerous in Michigan may have specific responsibilities to ensure public safety. For example, the city of Detroit requires owners of dangerous animals to adhere to the following restrictions:

• Containment: When on the owner’s property, the animal must be securely confined indoors or outdoors within a locked enclosure, pen, or structure that prevents escape and entry by any person. Enclosures for dangerous animals must be at least six feet tall and provide humane living conditions and protection from the weather.
• Leash and muzzle: A dangerous animal must be securely muzzled off the owner’s property to prevent biting. They must also be restrained by a substantial chain or leash that does not exceed six feet in length. The person responsible for the animal must be at least 18 years old.
• Signage: The owner of a dangerous animal must post a warning notice in a conspicuously visible place on any premises where the animal is kept, harbored, or sheltered. The notice must state in bold black letters, at least six inches in height, “WARNING! DANGEROUS ANIMAL: KEEP AWAY.”
• Liability insurance: The Administrator of the Animal Control Division may order the owner of a dangerous animal to obtain and maintain liability insurance. This insurance is meant to compensate and protect the public from any damage or harm caused by the animal.

If a dog owner fails to take the following actions and their dog causes injury or death to another person, they may be responsible for damages. At Cochran, Kroll, & Associates, P.C., our attorneys can investigate your dog bite case to determine if the owner followed appropriate restrictions for their animal. If they violated city codes, we will hold the owner responsible for your injuries and help you seek maximum compensation under their liability insurance or with a personal injury lawsuit.

Breed-Specific Legislation (BSL)

Although Michigan does not have statewide breed-specific legislation, over 30 municipalities have instituted local BSL. These BSL ordinances target specific breeds, such as Pit Bulls, Rottweilers, or other breeds perceived as potentially aggressive or dangerous.

While Michigan does not impose breed-specific bans or restrictions, dog owners should be aware of local ordinances that may impact them. Some cities and counties may have regulations that:

• Prohibit ownership of specific breeds within their jurisdiction
• Require mandatory sterilization of certain breeds
• Impose additional licensing or registration requirements for specific breeds
• Enforce strict containment and leash laws for certain breeds

If you are injured by a dog that is disallowed per your local ordinance, you may be able to seek compensation from the owners. The dog bite lawyers at Cochran, Kroll, & Associates, P.C. can review applicable BSL and statewide laws, gather evidence to show owner negligence, and win you a settlement for your injuries.

Dog Bite and Liability Laws

In addition to general dog ownership laws, Michigan has dog bite liability laws that ensure victims receive compensation for damages they suffer in an attack.

Michigan Dog Bite Statute

Michigan statute 287.351 holds dog owners responsible for injuries caused by their dog biting another person under most circumstances. According to the statute, a dog owner is liable for damages to dog bite victims if:

• The dog bit the injured person
• The person was lawfully on the property where the bite occurred, meaning they were not trespassing or committing another crime
• The person did not provoke the dog, either intentionally or unintentionally

This law applies regardless of the dog’s prior history of aggression or the owner’s knowledge of such history.

Strict Liability for Dog Owners

Michigan follows the principle of strict liability when it comes to dog bites. This means dog owners can be held liable for injuries caused by their dogs, even if they were not negligent.

Under strict liability, a dog owner cannot claim they did not know their dog was dangerous as a defense; they are liable for the injuries their pet caused as long as the victim was legally allowed on the property and did not provoke the animal.

Dog owners may be held responsible for damages caused by their dogs in situations other than bites under strict liability. For instance, if a dog jumps on someone and causes injury, the owner may be liable under general negligence laws.

Defenses for Dog Bite Cases

In Michigan, dog bite victims can seek damages from dog owners, such as medical bills, lost earnings, and emotional distress. However, dog owners and insurers often try to reduce victim settlements by using common dog bite defenses.

• Trespassing: One of the conditions for a dog owner to be held liable under Michigan’s dog bite statute is that the injured person must be lawfully on the property where the bite occurred. If the injured person was trespassing or committing another crime at the time of the incident, the dog owner may not be held responsible for the injuries.
• Provocation: Another condition for liability is that the person bitten must not have provoked the dog. If the dog owner can prove that the injured person intentionally or unintentionally provoked the dog, this may serve as a valid defense against liability. Examples of provocation can include teasing, hitting, or agitating the dog.
• Comparative negligence: In some cases, the injured person’s actions may have contributed to the incident. If it can be shown that the injured person was partly responsible for the dog bite, the dog owner’s liability may be reduced accordingly. This defense is based on modified comparative negligence, which considers the degree of fault of each party involved in the incident.
• Assumption of risk: In certain situations, the injured person may have knowingly assumed the risk of being bitten by the dog. For example, if a person voluntarily interacts with a dog known to be aggressive or has a history of biting, they may be considered to have assumed the risk. This defense may apply if the dog owner can prove that the injured person was aware of the risk and chose to engage with the dog anyway.

What Can You Recover in a Dog Bite Case?

In a dog bite case, you may be able to recover damages from the dog owner. Common damages that can be recovered in a dog bite case include:

• Medical expenses: You may be able to recover the cost of medical treatment resulting from the dog bite. This can include expenses for emergency care, surgeries, hospitalization, medications, physical therapy, and necessary ongoing medical treatment.
• Lost wages: If you cannot work due to the injuries sustained in the dog bite incident, you may be able to recover compensation for lost wages. This includes past and future lost wages if the injuries have long-term or permanent effects on your ability to work.
• Pain and suffering: In addition to economic damages, you may be entitled to compensation for the physical pain and emotional suffering experienced as a result of the dog bite. This can include compensation for mental anguish, emotional distress, and reduced quality of life caused by the injuries.
• Emotional distress: If you have been bitten by a dog, you may be entitled to emotional distress damages in addition to compensation for medical expenses and other damages. Emotional distress damages can be awarded if the dog bite caused significant emotional suffering such as fear, anxiety, and post-traumatic stress disorder. The amount of emotional distress damages awarded will vary depending on the severity of the emotional harm caused by the dog bite.
• Loss of consortium: In some cases, your spouse may be entitled to compensation for the loss of companionship, love, and support that they experienced as a result of your dog bite injuries. This type of emotional distress can also extend to family members and close friends who may have witnessed the attack or been affected by the aftermath. If the dog bite resulted in significant scarring or disfigurement, you may be entitled to compensation for the emotional distress associated with such changes to your appearance, which can impact your self-esteem and overall quality of life.

Your specific damages will depend on various factors, including the severity of your injuries and the impact the injuries have had on your life. Consult an experienced dog bite attorney from Cochran, Kroll, & Associates, P.C. to learn your legal options after a dog attack.

Our attorneys, including senior partner attorney Eileen Kroll, can ensure you ask for fair compensation in your claim. With Eileen’s background in a surgical unit at a major Detroit Hospital, she can examine your dog bite medical records to determine the extent of your injuries and estimate a fair settlement.

How an Attorney Can Help

Hiring an experienced attorney from Cochran, Kroll, & Associates, P.C. to represent you in a dog bite case can improve your chances of winning a favorable outcome. Our attorneys can help your case in the following ways:

• Gathering evidence: Our team can help collect and preserve essential evidence to support your claim, such as medical records, photographs of the injuries, witness statements, and any other documentation relevant to the case.
• Negotiating with insurance companies: Insurance companies often attempt to settle dog bite cases quickly and for as little money as possible. Our experienced attorneys can negotiate on your behalf to ensure you receive a fair settlement that adequately compensates you for your injuries and losses.
• Representing you in court: If your case goes to trial, your lawyer from Cochran, Kroll, and Associates, P.C. will represent you, advocating for your best interests. They will also examine witnesses, present evidence, and make persuasive arguments to the judge or jury.

Seek Legal Assistance for Your Dog Bite Case

If you have been involved in a dog bite incident, either as a dog owner or an injured party, it is crucial to seek the guidance of an experienced attorney. At Cochran, Kroll, & Associates, P.C., our dedicated team of legal professionals has the experience and resources to handle the complexities of dog bite cases and will work tirelessly to protect your rights and interests when navigating dog laws in Michigan.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.

 

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.