Call Christopher Trainor & Associates for a free case review if you have been injured by a dog in the Sterling Heights, Michigan, area. You could be entitled to significant compensation, and we can help you obtain it.
If you are seeking help after a traumatic dog bite incident, we at the Law Offices of Christopher Trainor & Associates understand the severe impact that this type of event can have on your life. Our team of Sterling Heights dog bite lawyers can guide you through this difficult time. We believe that every individual deserves justice and fair financial compensation for their injuries, and we are committed to fighting tirelessly on your behalf. Call us today to schedule your free consultation.
The Michigan Dog Bite Statute
The Michigan Dog Bite Statute, also known as the Michigan Dog Bite Law, holds dog owners strictly liable for injuries caused by their dogs biting or attacking someone, regardless of the dog's prior behavior or the owner's knowledge of its viciousness. This means that in Michigan, dog owners are responsible for damages resulting from a dog bite or attack, even if the dog has never bitten anyone before, regardless of whether the owner was negligent in controlling the dog.
The Two Exceptions to Filing a Dog Bite Claim
In Michigan, the dog bite statute includes two notable exceptions that can prevent an injured person from successfully filing a dog bite claim:
Trespassing or Committing a Crime: If the person bitten by the dog was trespassing on the property or committing a crime at the time of the attack, the dog owner is generally not liable. The statute specifically states that the victim must be lawfully on the property where the bite occurred. This means that someone who is trespassing or engaged in illegal activity may not have a valid claim under the dog bite statute.
Provocation: If the dog bite victim provoked the dog, the owner might not be held liable. Provocation can include actions such as teasing, hitting, or otherwise disturbing the dog in a way that would reasonably cause it to bite. The definition of provocation can be broad, encompassing both intentional and unintentional acts that lead to the dog's aggressive response.
These exceptions serve to protect dog owners from liability in situations where the bite was a result of unlawful actions or the victim's behavior towards the dog.
Michigan Follows Strict Liability for Dog Bites
Michigan follows a strict liability rule for dog bites. This means that under Michigan Compiled Laws § 287.351, the offending dog’s owner can be held liable for a dog bite regardless of whether they knew the dog was dangerous or whether the dog had previously bitten anyone.
Michigan's Dog Bite Statute states that:
Liability for Dog Bites: The statute states that 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 dog owner, the dog owner is liable for any damages suffered by the person bitten, without regard to any previous viciousness on the part of the dog or the owner's knowledge of such viciousness.
Lawful Presence: To hold the owner liable, the injured person must be lawfully on the property where the bite occurred. This includes being invited onto the property or being there for a lawful reason.
Provocation: If the dog bite victim provoked the dog, the owner might not be held liable. Provocation can be a defense used by the dog owner to reduce or eliminate their liability.
Notable Implications:
No Need for Previous Incidents: The dog owner can be held liable even if the dog has never bitten anyone before or shown any signs of aggression. In some states, this is not the case, but in Michigan, it is.
Owner's Responsibility: Dog owners are responsible for ensuring their dogs do not harm others, regardless of the dog’s prior behavior. Therefore, when a dog harms someone, the owner is responsible.
This strict liability approach is designed to provide a clear and straightforward path for victims to seek compensation for their injuries, emphasizing the responsibility of dog owners to control their pets.
National Dog Bite Statistics
Michigan was ranked as the #8 state in the nation for postal worker dog bite incidents in 2022. That year, the average dog bite settlement across the country was $64,555. The insurance industry paid out over $1.1 billion in dog bite claims nationwide in 2022.
Several factors have contributed to the rising number of dog bite incidents nationally:
An increase in dog ownership
Higher temperatures
The effects of COVID-19 lockdowns
Statistics highlight some concerning trends:
One in four fatal dog attacks involves a chained dog.
Seventy percent of all dog bites are caused by unneutered male dogs.
Small breeds such as chihuahuas and dachshunds can still cause significant injuries, including puncture wounds and infections.
Among the 4.5 million dog bite victims each year, half are children.
Michigan’s Leash Laws
Michigan's leash laws vary by locality, but generally, they require dogs to be on a leash or under the control of their owner when in public spaces. Here are some key points regarding leash laws in Michigan:
State-Level Guidelines
Michigan does not have a comprehensive statewide leash law, but certain regulations are enforced across the state:
Dangerous Dogs: Michigan law mandates that owners of dangerous dogs must keep them securely confined or on a leash when in public.
County and City Ordinances: Each county and city can establish its own leash laws. For example, many cities require dogs to be on a leash no longer than six feet when off the owner's property.
Local Ordinances
Different localities may have specific leash laws. Some common rules include:
Public Spaces: Dogs must be on a leash when in parks, streets, or any public space.
Private Property: Dogs must be confined to the owner's property and not allowed to roam freely off-leash.
Enforcement and Penalties
Violating leash laws can result in fines and penalties, which vary depending on the locality. Repeated offenses may lead to higher fines or other legal consequences.
Exceptions
There are some exceptions to leash laws, which may include:
Designated Off-Leash Areas: Some parks or recreational areas may have designated sections where dogs are allowed to be off-leash.
Complying with leash laws is crucial for public safety, preventing dog bites, and ensuring responsible pet ownership. It helps protect the dog, the owner, and the public from potential hazards and legal issues.
The Statute of Limitations for Dog Bite Cases
In Michigan, the statute of limitations for filing a dog bite lawsuit is three years from the date of the injury. This means that you have three years from the day the dog bite occurred to initiate legal action against the dog owner. If you do not file your lawsuit within this time frame, you may lose your right to seek compensation for your injuries.
Points to Remember
Three-Year Deadline: The clock starts ticking from the day the dog bite injury was sustained.
Minors: If the victim is a minor, the statute of limitations may be extended. In Michigan, minors have until one year after they turn 18 to file a lawsuit. However, this extension cannot exceed more than five years from the date of the injury.
Discovery Rule: In rare cases, if the injury or its cause was not immediately apparent, the statute of limitations may begin from the date the injury was discovered or should have reasonably been discovered.
Why the Statute of Limitations is Important
Legal Rights: Filing within the statute of limitations is crucial to preserving your legal rights to seek compensation for medical bills, pain and suffering, lost wages, and other damages.
Evidence and Witnesses: Timely filing helps ensure that evidence is preserved and witnesses' memories are fresh, which can strengthen your case.
Avoiding Dismissal: If you file a lawsuit after the statute of limitations has expired, the court is likely to dismiss your case, barring you from recovery.
Actions to Take
Seek Immediate Medical Attention: Ensure that your injuries are documented by a medical professional.
Document the Incident: Collect evidence, including photos of injuries, the scene of the incident, and contact information of any witnesses.
Consult a Lawyer: Contact a Sterling Heights dog bite lawyer experienced in these types of cases as quickly as possible to discuss your options and ensure that you file your claim within the legal time limits.
The Dog Bite Scale
Dr. Ian Dunbar, a renowned veterinarian and animal behaviorist, developed the Dog Bite Scale to classify the severity of dog bites and to assist in making informed decisions about the dog's behavior and necessary interventions. The scale is widely used by veterinarians, trainers, and animal control officers.
Level 1: Obnoxious or Aggressive Behavior but No Skin Contact
Description: The dog exhibits aggressive behavior such as growling, lunging, or snapping, but there is no actual contact with the skin.
Intervention: Behavioral modification and training are often recommended to address the dog's aggressive tendencies.
Level 2: Skin Contact but No Skin Puncture
Description: The dog's teeth make contact with the skin but do not break it. This includes nicks or slight scratches that do not pierce the skin.
Intervention: Similar to Level 1, this often requires behavioral modification and training. The dog may need to be managed more carefully to prevent escalation.
Level 3: Between One and Four Punctures from a Bite, No Deeper than Half the Length of the Animal’s Canine Teeth
Description: The bite results in one to four puncture wounds, none of which are deeper than half the length of the dog's canine teeth. There may also be minor lacerations caused by the dog pulling away or the victim moving.
Intervention: This level indicates a more serious behavior problem. A comprehensive behavior assessment and possibly professional intervention are required. Management strategies and possibly safety measures should be implemented.
Level 4: Between One and Four Punctures from a Bite, at Least One of Which is Deeper than Half the Length of the Animal’s Canine Teeth
Description: The bite results in deep puncture wounds, and there may be bruising around the wound or lacerations caused by the dog holding on and shaking.
Intervention: This level suggests a significant risk. Immediate professional intervention is needed. Management may include stringent safety measures, and in some cases, consideration of the dog's suitability for living in a typical home environment.
Level 5: Multiple Bites with Deep Punctures
Description: The dog inflicts multiple bites with deep puncture wounds in a single attack. There may be serious injury to the victim.
Intervention: This indicates a severe aggression problem. Urgent and serious intervention is required. The dog's behavior must be assessed by professionals, and management may include strict safety measures, potential rehoming, or even euthanasia in extreme cases.
Level 6: Victim Dead
Description: The dog attack results in the death of the victim.
Intervention: This is the most severe level, indicating extreme danger. Immediate action is necessary, typically involving law enforcement and animal control authorities. The dog is usually euthanized.
Dr. Dunbar's scale helps professionals and dog owners understand the severity of a dog's biting behavior and guides appropriate responses to prevent further incidents.
Compensation Available After a Sterling Heights Dog Bite
If you have been bitten by a dog in Sterling Heights, you may be entitled to various forms of damages. These damages are intended to compensate you for the physical, emotional, and financial impacts of the injury. Here are the main types of damages you can pursue:
Medical Expenses
Current Medical Bills: Coverage for immediate medical treatment such as emergency room visits, surgeries, medications, and follow-up appointments.
Future Medical Costs: Compensation for ongoing medical treatments, physical therapy, and any future surgeries or medical care required as a result of the bite.
Lost Income
Lost Wages: Compensation for the income you lost due to time off work for recovery.
Loss of Earning Capacity: If the injury affects your ability to work in the future, you may be entitled to damages for the reduction in your earning potential.
Pain and Suffering
Physical Pain: Compensation for the physical pain and discomfort endured from the injury.
Emotional Distress: Damages for psychological impacts such as anxiety, depression, and post-traumatic stress disorder (PTSD) resulting from the incident.
Disfigurement and Scarring
Scarring: Compensation for any permanent scarring caused by the dog bite.
Disfigurement: Damages for significant changes to your appearance and the emotional impact of disfigurement.
Loss of Enjoyment of Life
Compensation for the diminished ability to enjoy daily activities and hobbies you were involved in before the injury.
Property Damage
Reimbursement for any personal property damaged during the incident, such as clothing, eyeglasses, or other items.
Punitive Damages
In cases where the dog owner’s behavior was particularly reckless or egregious, you may be awarded punitive damages. These are intended to punish the wrongdoer and deter similar behavior in the future.
Rehabilitation and Therapy
Physical Therapy: Coverage for rehabilitation services to help you regain mobility and strength.
Psychological Therapy: Compensation for therapy to address emotional and psychological trauma resulting from the dog bite.
Legal Expenses
Reimbursement for the costs associated with pursuing your legal claim, including attorney fees and court costs.
Steps to Take to Strengthen Your Claim
Seek Immediate Medical Attention:
Obtain prompt medical treatment to document the extent of your injuries.
Report the Incident:
Report the dog bite to local authorities or animal control.
Document Everything:
Keep detailed records of your medical treatments, lost wages, and any other expenses related to the injury.
Photograph Injuries:
Take pictures of your injuries and any property damage.
Consult a Lawyer:
Seek advice from a personal injury lawyer who specializes in dog bite cases to ensure you receive fair compensation.
The exact types and amounts of damages you can recover will depend on the specifics of your case. Consulting with an experienced Sterling Heights dog bite lawyer can help you understand your rights and maximize your compensation.
How a Sterling Heights Dog Bite Lawyer Can Help
A Sterling Heights dog bite lawyer can offer valuable assistance and insight in numerous ways if you have been injured by someone else’s dog. They can help with:
Case Evaluation and Legal Advice
Assess the details of your case during a free consultation to determine its validity and potential for compensation.
Provide clear, knowledgeable advice on your legal rights and options under Michigan dog bite laws.
Investigation and Evidence Gathering
Conduct a thorough investigation to collect evidence, including medical records, eyewitness testimonies, and photographs of injuries.
Consult with medical experts, animal behavior specialists, and other professionals to strengthen your case.
Liability Determination
Determine who is legally responsible for your injuries, whether it’s the dog owner, property owner, or another party.
Gather and present evidence to prove negligence or strict liability, as applicable under Michigan law.
Negotiating with Insurance Companies
Handle communications and negotiations with insurance companies to seek fair compensation for medical bills, lost wages, pain and suffering, and other damages.
Leverage their experience to negotiate a favorable settlement without the need for a lengthy court battle.
Legal Representation in Court
If a fair settlement cannot be reached, file a lawsuit on your behalf and represent you in court.
Provide skilled representation in court, presenting a compelling case to the judge or jury.
Maximizing Compensation
Ensure all potential damages are considered, including current and future medical expenses, lost income, emotional distress, and other impacts on your quality of life.
Fight to maximize your compensation, ensuring you are not left with financial burdens due to the dog bite.
Support and Guidance
Offer continuous support and updates throughout the legal process, addressing any concerns or questions you may have.
Provide compassionate support to help you cope with the emotional aftermath of a dog bite incident.
Working with a skilled Sterling Heights dog bite lawyer can make a significant difference in the outcome of your case, helping you secure the compensation you need to recover and move forward.
How to Report a Dog Attack
To report a dog attack or dog bite incident in Sterling Heights, you can take the following steps:
Seek Medical Attention: If you or someone else has been injured in the dog attack, seek prompt medical attention. Your health and safety should be the top priority.
Document the Incident: If it's safe to do so, gather information about the dog and its owner, including their contact information, address, and a description of the dog. Take photographs of your injuries and the scene of the incident, if possible.
File a Report: Provide a detailed report of the dog attack to the appropriate authorities. This may include information about the date, time, and location of the incident, as well as any witnesses who saw what happened.
Follow-up: Stay in touch with law enforcement or animal control personnel to provide any additional information or assistance they may need during their investigation.
Reporting a dog attack is essential for public safety and may also be necessary if you decide to pursue legal action against the dog owner. By reporting the incident, you can help prevent future attacks and ensure that responsible parties are held accountable for their actions.
Meet With a Sterling Heights Dog Bite Lawyer
The dedicated Sterling Heights dog bite lawyers at the Law Offices of Christopher Trainor & Associates are committed to securing the financial compensation you deserve for your injuries. Our experienced team will handle all aspects of your dog bite case, including thorough investigation, negotiations with insurance companies, and courtroom representation if needed. Contact us at (248) 886-8650 or fill out our online contact form to arrange a free consultation.
