Complete guide to Michigan’s dog bite filing deadlines: 3-year statute of limitations, when the clock starts, exceptions for minors, why timing matters, and what happens if you miss the deadline
If you’ve been bitten by a dog in Michigan, one of the most critical questions is: How long do I have to file a lawsuit? Miss the deadline and you lose your right to sue forever—regardless of how strong your case is or how severe your injuries are. Understanding Michigan’s statute of limitations for dog bite cases is essential to protecting your legal rights.
Michigan law gives dog bite victims three years from the date of the bite to file a lawsuit under MCL § 600.5805(10). This deadline is strict, absolute, and almost never extended. If you attempt to file your lawsuit even one day after the three-year deadline, Michigan courts will dismiss your case without considering the merits. You’ll receive nothing, regardless of your injuries or the dog owner’s liability.
This comprehensive 2024 guide explains everything about Michigan’s dog bite statute of limitations, including the 3-year deadline and exactly when it starts, special rules for minor victims (can sue until age 21), rare exceptions that extend or pause the deadline, why you shouldn’t wait even though you have three years, what happens if you miss the deadline (spoiler: nothing good), and how to protect your rights within the time limit.
Whether you were bitten in Detroit, Grand Rapids, Ann Arbor, Southfield, Warren, Lansing, or anywhere in Michigan, the same three-year deadline applies statewide. Understanding and respecting this deadline is critical to recovering compensation for your injuries.
Michigan’s 3-Year Statute of Limitations: The Basics
Michigan Compiled Law § 600.5805(10) establishes a three-year statute of limitations for dog bite claims. This is the legal deadline by which you must file a lawsuit in Michigan state court.
When the 3-Year Clock Starts Ticking
For adult victims, the statute of limitations begins running on the date of the dog bite. This is straightforward in most cases—the day the dog’s teeth contacted your body and caused injury is day one. Three years later, your deadline expires.
- Example 1: You were bitten on June 15, 2024. Your statute of limitations expires on June 15, 2027. You must file your lawsuit on or before June 15, 2027.
- Example 2: You were bitten on December 31, 2024. Your statute expires on December 31, 2027.
- Example 3: You were bitten on February 29, 2024 (leap year). Your statute expires on February 28, 2027 (non-leap year, so one day earlier).
What ‘Filing a Lawsuit’ Means
‘Filing a lawsuit’ means physically filing a complaint with the appropriate Michigan circuit court and paying the filing fee before the deadline expires. Simply hiring an attorney is not enough. Sending a demand letter to insurance is not enough. Negotiating with the insurance company is not enough. Having conversations about settling is not enough. The actual legal complaint must be filed with the court clerk before midnight on the deadline date.
Critical warning: If you wait until the last day and the courthouse is closed for a holiday or emergency, you may lose your rights. Courts sometimes close unexpectedly. Don’t wait until the final days to file—build in a buffer of at least several weeks.
Special Rules for Minors: Extended Deadline Until Age 21
Michigan provides a significant extension for dog bite victims who are minors (under 18) when bitten. The statute of limitations is ‘tolled’ (paused) until the minor turns 18, then runs for three years.
How Minor Tolling Works
When a child is bitten, the statute of limitations clock doesn’t start running until their 18th birthday. On that date, the three-year clock begins. The child then has until age 21 to file a lawsuit.
- Child bitten at age 5: The 3-year clock doesn’t start until they turn 18 (13 years later). They then have until age 21 to file (16 years from the bite date).
- Child bitten at age 15: The clock starts when they turn 18 (3 years later). They have until age 21 to file (6 years from bite date).
- Child bitten at age 17 years, 364 days: The clock starts the next day when they turn
18. They have until age 21 to file (just over 3 years from bite).
Parents Can File on Behalf of Minor Children Earlier
While the child’s personal right to sue is tolled until age 18, parents or legal guardians can file lawsuits on behalf of minor children at any time. This is actually preferable—waiting until the child turns 18 means evidence has deteriorated, witnesses have forgotten details, and the case is weaker. Most minor dog bite cases should be filed within 1-2 years of the bite, not 10+ years later when the child becomes an adult.
Best practice: Treat the extended deadline as insurance for unforeseen circumstances, not as permission to delay. File within normal timeframes (1-2 years) while evidence is fresh, using the extended deadline only if unusual circumstances prevent timely filing.
Why You Should Never Wait the Full Three Years
Even though you technically have three years to file, waiting is almost never in your best interest. Here’s why successful dog bite claims are filed much earlier:
Evidence Deteriorates Over Time
Witnesses forget critical details about the attack. Photos of injuries get lost or deleted. Medical records become harder to obtain. Security camera footage is erased. The scene of the attack changes (fences get repaired, dogs are rehomed, etc.). After 2-3 years, proving what happened becomes significantly more difficult.
Memories Fade
Your own memory of the incident becomes less clear. Witnesses can’t recall specific details. Insurance adjusters question why you waited so long if the incident was serious. Juries are skeptical of claims where victims waited years to pursue compensation.
Dog Owners Disappear
The dog owner may move and become difficult to locate. The owner may die, complicating claims against their estate. The owner may file bankruptcy, which can discharge judgments. The dog itself may die, and some defenses become harder to defeat without the dog available.
Insurance Lapses
The dog owner’s homeowners insurance may lapse if they move, stop paying premiums, or change carriers. Later policies may exclude coverage for prior incidents. Finding insurance that was in effect at the time of the bite becomes harder as years pass.
Your Damages Increase
Untreated psychological trauma worsens over time. Medical complications develop. Scars worsen without early intervention. The longer you wait, the more your injuries may progress—but proving they’re connected to the original bite becomes harder.
Insurance Companies Take Old Claims Less Seriously
Adjusters question why you waited if injuries were really severe. They argue the delay shows injuries weren’t that serious. They use delay as leverage to offer lower settlements. Quick claims are taken more seriously than claims filed years later.
Industry statistics: Dog bite claims filed within the first year after the bite settle for an average of 40-60% more than claims filed in the third year. Early action maximizes recovery.
Rare Exceptions That Extend or Pause the Statute of Limitations
While Michigan’s three-year statute of limitations is strict, a few rare circumstances can extend or pause the deadline. These exceptions are narrow and difficult to establish.
Exception 1: Defendant Leaves Michigan
If the dog owner leaves Michigan and establishes residency in another state, the statute of limitations may be tolled (paused) during their absence. However, this is complex. The defendant must actually leave Michigan, not just travel. The tolling only applies while they’re out of state. The tolling is limited and doesn’t indefinitely extend the deadline. When they return to Michigan, the clock starts running again. This exception rarely provides significant additional time and is difficult to prove.
Exception 2: Fraudulent Concealment
If the defendant actively concealed information that prevented you from discovering your claim, the statute may be tolled. This requires proof the defendant intentionally hid facts, and you couldn’t discover the claim through reasonable diligence. The concealment was the reason you didn’t file timely. This is extremely rare in dog bite cases because the bite itself is obvious. You know immediately that you were bitten and by whose dog.
Exception 3: Mental Incompetence
If you were legally incompetent at the time of the bite and remain incompetent, the statute may be tolled until competency is restored. This applies to individuals adjudicated mentally
incompetent by a court. It does NOT apply to temporary conditions like being unconscious briefly after the bite. This exception is rare and requires formal legal determination of incompetence.
What Does NOT Extend the Statute of Limitations
These common circumstances do NOT extend Michigan’s statute of limitations: Ongoing settlement negotiations with insurance. The fact that you didn’t know you could sue. Being told by the dog owner they would ‘take care of everything.’ Not having money to hire an attorney. Not realizing how serious your injuries were. Being told the dog was up to date on shots. Forgetting about the incident. Moving out of Michigan yourself. Simply not getting around to filing.
Bottom line: Don’t rely on exceptions. They’re rare, hard to prove, and courts interpret them narrowly. Treat the three-year deadline as absolute and file within that timeframe.
What Happens If You Miss the Deadline?
Missing Michigan’s statute of limitations has devastating consequences. Understanding what happens helps motivate timely action.
Your Case is Dismissed Immediately
If you file your lawsuit even one day late, the defendant will file a motion to dismiss based on statute of limitations. The court will grant this motion without considering the merits of your case. It doesn’t matter how strong your evidence is, how severe your injuries are, or how clearly liable the dog owner is. The court has no discretion—a late filing must be dismissed. Your case is over before it begins.
You Lose All Right to Compensation Forever
Once the statute of limitations expires, you can never recover compensation from the dog owner. You can’t file a new lawsuit. You can’t reopen the case. You can’t appeal (because there’s nothing to appeal—the law is clear). You’re stuck with all your medical bills, lost wages, pain and suffering, and permanent scarring with zero recovery. The dog owner escapes all liability simply because you missed a deadline.
Insurance Companies Won’t Negotiate
Once the statute expires, insurance companies immediately stop negotiating. They know you have no legal recourse. Any previous settlement discussions end. They won’t even respond to demand letters. You have zero leverage because you can’t sue. Even if they previously
offered $50,000, after the statute expires they’ll offer nothing—and there’s nothing you can do about it.
Possible Malpractice Claim Against Your Attorney (If You Had One)
If an attorney you hired missed the statute of limitations, you may have a legal malpractice claim against that attorney. However, malpractice cases are difficult, expensive, and uncertain. You must prove the attorney was negligent AND that you would have won your underlying case. Even if successful, you’re suing your attorney’s malpractice insurance instead of the dog owner’s homeowners insurance. This is a poor substitute for a timely-filed dog bite claim.
Practical Timeline: When to Take Action
Here’s a realistic timeline for pursuing a Michigan dog bite claim while respecting the statute of limitations:
Immediately After Bite (Days 1-7):
Get emergency medical treatment. Document injuries with photos. Report to police and animal control. Identify the dog owner. Preserve evidence (torn clothing, witness contact info). Begin searching for an attorney if injuries are serious.
Weeks 1-4:
Continue medical treatment. Hire an attorney if you have significant injuries. Attorney begins investigation (gathering medical records, interviewing witnesses, identifying insurance). Preserve all evidence and documentation.
Months 1-6:
Complete medical treatment if possible (don’t rush healing, but don’t unnecessarily delay). Attorney evaluates full extent of damages. Initial demand letter sent to insurance company. Settlement negotiations begin.
Months 6-12:
Most cases settle during this period if both sides negotiate in good faith. If settlement isn’t reached, attorney prepares to file lawsuit. Lawsuit typically filed within first year to preserve evidence and maintain leverage.
Months 12-24:
If case hasn’t settled, litigation proceeds. Discovery, depositions, expert evaluations. Most cases settle before trial even after lawsuit is filed. Trial preparation if settlement doesn’t occur.
Months 24-36:
Final push toward settlement or trial. If case hasn’t settled by Year 3, trial occurs before statute expires. Very few cases actually go to trial—but threat of trial is what drives settlements.
Key point: This timeline shows most successful cases are filed within the first year and settled within two years. The three-year statute of limitations is your absolute backstop, not your target filing date.
How Statute of Limitations Affects Settlement Negotiations
Understanding how the statute of limitations impacts your negotiating position helps you strategize with your attorney:
Strong Leverage in Years 1-2
During the first two years after a dog bite, you have maximum leverage. Evidence is fresh. You have plenty of time to file if negotiations fail. Insurance companies know you’re serious and can credibly threaten litigation. Settlements during this period tend to be highest because both sides know the case could go to trial.
Weakening Leverage in Year 3
As you approach the three-year deadline, your leverage weakens. Insurance companies know you’re running out of time. They may delay negotiations hoping you’ll miss the deadline. They offer lower settlements knowing you may accept rather than risk missing the statute. This is why waiting until Year 3 is dangerous—you’re negotiating from weakness.
Zero Leverage After Expiration
Once the statute expires, you have no leverage whatsoever. Insurance companies will offer nothing. Any previous offers are withdrawn. You’re completely powerless. This is why attorneys file lawsuits well before the deadline—to avoid this catastrophic loss of leverage.
Protecting Your Rights Within Michigan’s Statute of Limitations
Michigan’s three-year statute of limitations for dog bite cases is strict, absolute, and unforgiving. Missing this deadline means losing all right to compensation forever, regardless of how strong your case is or how severe your injuries are.
- Adults have exactly 3 years from the bite date to file a lawsuit
- Minors can sue until age 21 (but parents should file much sooner)
- The clock starts on the bite date, not when you discover damages
- Waiting the full three years weakens your case and reduces settlement value
- Missing the deadline by even one day results in immediate dismissal
- Very few exceptions extend the deadline—don’t count on them
- Most successful cases are filed within Year 1 and settled within Year 2
- Insurance companies use the approaching deadline against you in negotiations
Recommended action timeline: Within 2 weeks of bite: Get medical treatment and document everything. Within 1 month: Consult with Michigan dog bite attorney if injuries are significant. Within 3-6 months: Complete medical treatment and begin settlement negotiations. Within 6-12 months: File lawsuit if settlement isn’t reached. Within 2 years: Settle case or be deep into litigation with trial approaching. Never wait until Year 3 unless absolutely unavoidable.
Whether you were bitten in Wayne County, Oakland County, Macomb County, Kent County, or anywhere in Michigan, the same three-year deadline applies. Don’t let this critical deadline pass. Contact an experienced Michigan dog bite attorney immediately after being bitten to ensure your rights are protected, evidence is preserved, and your case is filed within the statute of limitations. The clock is ticking from the moment of the bite—don’t let it run out on your right to compensation.