Complete guide to Michigan children’s dog bite rights: extended statute of limitations until age 21, why facial injury settlements are higher, special protections against trespassing defenses, and maximizing compensation for minor victims
When a child is bitten by a dog in Michigan, the stakes are exponentially higher than adult dog bite cases. Children suffer more severe injuries (especially facial injuries), experience longer-lasting psychological trauma, and live with permanent scars through critical developmental years. Fortunately, Michigan law provides special protections and rights for child dog bite victims that go beyond the already-strong protections for adult victims.
This comprehensive 2024 guide explains everything parents need to know about children’s dog bite rights in Michigan, including extended statute of limitations (children can sue until age 21), why children receive higher settlements, especially for facial injuries, special rules protecting children from trespassing defenses, how courts treat provocation claims against young children, maximizing compensation for permanent scarring that affects children’s entire lives, and handling settlements for minor plaintiffs (court approval requirements).
Whether your child was bitten in Detroit, Grand Rapids, Ann Arbor, Southfield, Warren, or anywhere in Michigan, understanding these special protections helps you pursue maximum compensation for injuries that may affect your child for life. Children are the most vulnerable dog bite victims, and Michigan law recognizes this with enhanced protections.
Extended Statute of Limitations for Child Dog Bite Victims
Michigan’s statute of limitations works differently for children than adults, giving families much more time to pursue dog bite claims when the victim is a minor.
Adult Statute of Limitations: 3 Years
For adults, Michigan’s statute of limitations for dog bites is three years from the date of the bite (MCL § 600.5805). If you don’t file a lawsuit within three years, you lose your right to sue forever. This three-year clock starts running on the day of the bite.
Children’s Extended Timeline: Until Age 21
For minors (anyone under 18 in Michigan), the statute of limitations doesn’t begin running until the child turns 18. Once the child turns 18, they have three years to file—meaning they can sue until age 21. This is called ‘tolling’ the statute of limitations for minors.
- Example 1: A 5-year-old is bitten in 2024. The statute doesn’t start running until 2037 (when they turn 18). They have until 2040 (age 21) to file a lawsuit. That’s 16 years from the bite date.
- Example 2: A 16-year-old is bitten in 2024. The statute doesn’t start running until 2026 (when they turn 18). They have until 2029 (age 21) to file. That’s 5 years from the bite date.
- Example 3: A 17-year-old is bitten in 2024. The statute doesn’t start running until 2025 (when they turn 18). They have until 2028 (age 21) to file. That’s 4 years from the bite date.
Why the Extended Timeline Exists
The extended statute of limitations recognizes several realities about child injuries. Children cannot file lawsuits themselves—they need adults to act on their behalf. Parents may not immediately recognize the full severity of injuries, especially psychological trauma or scarring that worsens over time. Some families may be too overwhelmed by medical crises to pursue legal claims immediately. The full impact of permanent injuries (especially facial scarring) may not be apparent until the child grows and matures.
Why You Shouldn’t Wait Despite the Extended Timeline
Even though children can wait until age 21 to sue, waiting is almost never in the child’s best interest. Evidence deteriorates over time (witnesses forget, photos are lost, medical records become harder to obtain). The dog owner may move, die, or allow insurance to lapse. Insurance companies take old claims less seriously. Families need compensation now for medical bills, not years later. Early action while evidence is fresh yields higher settlements.
Best practice: File claims within 1-2 years of the bite, while you still have the option to wait if needed. Don’t use the extended timeline as an excuse to delay—use it as insurance in case unforeseen circumstances prevent immediate action.
Why Children Receive Higher Dog Bite Settlements in Michigan
Children who suffer dog bite injuries in Michigan typically receive significantly higher settlements than adults with comparable injuries. Understanding why helps parents pursue maximum compensation.
Permanent Scarring Affects Children Longer
A 5-year-old with a permanent facial scar will live with that scar for potentially 80+ years, through critical developmental stages: elementary school (where children can be cruel about differences), middle school and adolescence (when appearance becomes critically important), high school and dating (when self-esteem is fragile), college and early career (first impressions matter), entire adult life and relationships, and elderly years (the scar never goes away).
In contrast, a 50-year-old with an identical scar may live with it for 30-40 years. The life impact is significant but less extensive. Michigan juries recognize this mathematical reality and award higher damages to children for permanent injuries.
Children Are More Sympathetic Plaintiffs
Juries are naturally more sympathetic to injured children than injured adults. Children are perceived as innocent, vulnerable, and blameless. A child bitten while playing is heartbreaking in ways adult injuries aren’t. Judges and juries want to ensure injured children are fully compensated. Insurance companies know juries favor children, making them more willing to settle for higher amounts to avoid trial.
Facial Injuries in Children Command Premium Settlements
Children approach dogs at face level (they’re shorter). Children are more likely to pet or interact with dogs face-to-face. When dogs attack children, facial injuries are extremely common. A permanent facial scar on a child is one of the highest-value dog bite injuries. Settlement ranges: $150,000 to $500,000+ for significant facial scarring on young children, even when medical bills are under $50,000.
Real Michigan example: An 8-year-old Ann Arbor child suffered facial lacerations from a neighbor’s dog requiring multiple surgeries. Medical bills totaled $65,000. The case settled for
$350,000 because the permanent facial scarring would affect the child through adolescence, dating, college, career, and life. The multiplier (5x+ medical bills) reflected the lifelong impact on a young person.
Psychological Impact on Children is More Severe
Children process trauma differently than adults. A dog attack can cause severe, long-lasting psychological effects including PTSD that continues through development, anxiety disorders affecting school and social development, depression and social withdrawal, sleep disturbances and nightmares continuing for years, and fear of dogs that limits activities throughout childhood. Michigan courts recognize that psychological trauma in children
requires extensive therapy and affects development, justifying higher awards.
Special Protections for Children: Trespassing Defense Almost Never Works
Michigan law provides special protection for children regarding the ‘trespassing’ defense that might apply to adults. Courts recognize that young children don’t understand property boundaries or the concept of trespassing.
Young Children Cannot Legally Trespass
Michigan courts have held that very young children (generally under 7-8) are incapable of trespassing because they lack the mental capacity to understand property rights and boundaries. A 4-year-old who wanders onto a neighbor’s property doesn’t have the intent required for trespass. Courts presume young children lack the understanding necessary for trespass. Even if a young child goes somewhere they’re ‘not supposed to be,’ they’re still considered lawfully present for dog bite statute purposes.
Example: A 5-year-old Livonia child wanders from their yard into a neighbor’s unfenced yard. The neighbor’s dog attacks. The neighbor cannot claim the child was trespassing. Michigan law treats the child as lawfully present because young children don’t understand property boundaries.
Older Children: Higher Standard for Trespass
For older children (roughly 8-17), Michigan courts apply a higher standard before finding trespass than they would for adults. Was the child explicitly warned to stay away? Were there clear ‘No Trespassing’ signs the child could read and understand? Did the child know they weren’t supposed to be there? Was the child’s presence truly without any arguable permission (express or implied)? If there’s any reasonable argument the child thought they were allowed to be there, courts find lawful presence.
Example: A 12-year-old Troy child takes a shortcut through a neighbor’s yard to get to school, as many neighborhood kids do. The neighbor’s dog attacks. Even if the neighbor didn’t explicitly permit kids to cut through, Michigan courts likely find lawful presence based on the common practice and implied permission.
Attractive Nuisance Doctrine
Michigan applies the ‘attractive nuisance’ doctrine, which provides additional protection for children. If a property owner maintains something attractive to children (pools, playground equipment, interesting animals), they have heightened responsibility to protect children who
may be drawn to it. While dogs aren’t traditional ‘attractive nuisances,’ courts sometimes extend the principle to protect children drawn to friendly-appearing dogs. If a property owner knows children are attracted to their dog, they have extra duty to prevent attacks.
Provocation Defense Against Children: Extremely Difficult for Dog Owners
Proving a child ‘provoked’ a dog attack is much harder than proving adult provocation. Michigan courts protect children by requiring actual intent, which young children cannot form.
Young Children Cannot Legally Provoke Dogs
Michigan law defines provocation as intentional conduct that would reasonably cause a dog to attack. Young children (generally under 7-8) are legally presumed incapable of forming intent. A toddler pulling a dog’s tail doesn’t have the intent required for legal provocation—they don’t understand they’re harming the dog. A 4-year-old running toward a dog excitedly isn’t provoking—they lack understanding of how dogs perceive threats. Courts almost never find provocation by very young children.
Older Children: Intent is Required
For older children who can understand their actions, provocation requires proof the child intended to harm or threaten the dog. Accidental actions never constitute provocation. Playing too roughly without intent to harm is not provocation. Making noise that startles a dog is not provocation. Getting too close without understanding the danger is not provocation. True provocation requires the child deliberately hitting, kicking, tormenting, or threatening the dog with intent to cause reaction.
Insurance company tactic: Adjusters will claim children ‘provoked’ attacks by playing near dogs, making sudden movements, or interacting in age-appropriate ways. These are not legal provocation. Don’t accept this defense without fighting back. Document that the child’s behavior was age-appropriate and without malicious intent.
Facial Injuries in Children: Maximizing Compensation
Facial injuries are devastating for children and require special attention to maximize compensation. Michigan juries regularly award six-figure settlements for children’s facial scarring.
Documenting Facial Scarring Over Time
Unlike adults whose scars are static, children’s scars change as they grow. Scars may widen, distort, or become more prominent as children’s faces grow and change through puberty. Proper documentation is critical:
- Photos immediately after injury (before healing)
- Photos during healing process (weekly for first months)
- Photos after initial healing (1 year post-injury)
- Annual photos showing how scar changes as child grows
- Professional photography showing scar visibility in various lighting
- Plastic surgeon evaluation and testimony about permanence
- Expert testimony about how scar will change as face develops
Future Scar Revision Surgeries
Children with facial scars often need multiple revision surgeries as they grow. Initial surgery at age 6, follow-up at age 12 (after growth spurt), additional revision at age 16-18 (after puberty), possible final revision in early 20s (after face fully matures). Each surgery costs
$15,000-$25,000+. Expert testimony about the need for future surgeries adds substantial value to settlements. A child requiring 4 surgeries over 15 years represents $60,000-$100,000 in future medical costs alone.
Psychological Impact of Facial Scarring on Children
Facial scars affect children’s psychological development in unique ways. Self-consciousness during critical appearance-focused years (middle school, high school). Bullying and teasing from peers. Social withdrawal and isolation. Dating anxiety and relationship impacts. Depression and low self-esteem. Avoidance of activities where scars are visible. Professional psychological evaluation and testimony about developmental impact strengthens compensation claims significantly.
Settlements for Minor Plaintiffs: Court Approval Requirements
When the dog bite victim is under 18, Michigan law requires court approval of any settlement. This protects children from parents or attorneys settling cases too cheaply.
The Court Approval Process
After negotiating a settlement, the attorney files a petition with the court detailing the settlement amount, attorney fees, costs, and proposed distribution. A judge reviews the settlement to ensure it’s fair and in the child’s best interest. Judges consider injury severity and permanence, whether all future medical needs are addressed, whether the settlement is comparable to similar cases, whether attorney fees are reasonable, and how settlement funds will be protected. If the judge approves, settlement proceeds. If not, the judge may require higher settlement amounts or different terms.
Protecting Settlement Funds: Structured Settlements and Trusts
Michigan courts require settlement funds for minors to be protected until the child turns 18. Options include structured settlements (annuities paying out over time), blocked bank accounts (accessible only with court approval), conservatorship accounts (court-supervised), or trusts for the minor’s benefit. Courts generally prefer structured settlements that ensure funds last and are available for the child’s needs over time, not spent immediately.
Example structure: $200,000 settlement. $25,000 available immediately for medical expenses and current needs. $75,000 paid out over 10 years for ongoing therapy and future surgeries. $100,000 paid in lump sum when child turns 18 for college or other needs. This ensures funds are available throughout childhood while preserving substantial amount for the child’s future as an adult.
Special Damages Available for Child Victims
Children can recover all the same damages as adults, plus some categories unique to minors:
- All medical expenses past and future: Including plastic surgeries through adulthood
- Pain and suffering: Often calculated over entire remaining lifespan (70+ years)
- Permanent scarring and disfigurement: Valued higher for children due to lifetime impact
- Psychological counseling: May be needed for years or decades
- Loss of normal childhood experiences: Fear of participating in activities with peers
- Impact on social development: Difficulty forming friendships, dating, etc.
- Future earning capacity loss: If scarring or trauma limits career options
- Parental losses: Parents can sometimes recover for their own emotional distress witnessing child’s suffering
Protecting Your Child’s Rights After a Michigan Dog Bite
Children who suffer dog bites in Michigan have powerful legal rights and special protections that recognize their unique vulnerability. From extended statutes of limitations to enhanced protections against trespassing and provocation defenses, Michigan law strongly favors injured child victims.
- Children can sue until age 21 (3 years after turning 18), much longer than adults’ 3-year limit
- Children receive significantly higher settlements, especially for facial injuries
- Young children cannot legally trespass or provoke dogs under Michigan law
- Facial scarring on children commands premium compensation due to lifetime impact
- Multiple future surgeries must be considered in settlement calculations
- Court approval protects children from inadequate settlements
- Structured settlements ensure funds are available throughout childhood and beyond
If your child was bitten by a dog anywhere in Michigan—Detroit, Grand Rapids, Warren, Sterling Heights, Ann Arbor, Lansing, or any Michigan city—don’t delay in protecting their rights. While the extended statute of limitations gives you time, early action while evidence is fresh produces the best results. Document injuries extensively, especially facial scarring. Obtain expert evaluations from plastic surgeons and psychologists. Consult with an experienced Michigan dog bite attorney who understands how to maximize compensation for child victims and navigate the court approval process.
Your child deserves full compensation for injuries that may affect them for 70+ years. Michigan law provides the tools to achieve that compensation—use them to protect your child’s future.