As of April, this year, the highest Court in Michigan relaxed the dog-bite laws in the State, and ruled that an individual may now properly initiate a dog-bite lawsuit without a precursor showing that the biting-dog’s owner was aware (or should have been aware), before the dog bite or attack, that her dog was dangerous and/or aggressive (often referred to as a “two-bite rule”). Under the new law, a biting-dog’s owner can be held liable after a bite or attack if the biting-dog owner was simply negligent with respect to their handling and/or restraint of their dog (which means whether a reasonable dog owner would have acted differently in the given situation). For example, allowing your dog to roam unrestrained, even on your own property, with access to visitors would not ordinarily be considered “reasonable”.
In addition, if it is proven that the biting-dog’s owner “knew or should have known” of their dog’s dangerous propensities prior to a dog bite or attack, a Court will hold the biting-dogs owner to be strictly liable, which means the biting-dog’s owner can be responsible for damages and resulting harm, regardless of whether the biting-dog’s owner was negligent or intended to cause harm.
All dog bites must be reported within 24 hours, absent compelling circumstances. To accommodate this, many municipalities, including Detroit, have an online form to report dog bites. After a dog bites you, It is extremely important for you (or someone who was with you during the attack) to immediately gather all contact information from the dog’s owner, and the dog (i.e., Take a picture of the dogs tags) as well as from any witnesses; and to contact the police (All dog bites must be reported within 24 hours, absent compelling circumstances). After the attack, you must also: 1. file a dog bite report with the local health agency in your jurisdiction (i.e., The Department of Health); 2. contact and make a report with Animal Control in your local jurisdiction; and then 3. Contact me – The Michigan Dog Bite LawyerSM — to help you win your case (Note: We can help you with those municipal filings if needed).
When a dog attacks a person (or another animal) in Michigan State, there will usually be a determination by Animal Control to determine if the dog is a threat to the public. In general, a dog that causes bodily injury to a person requires a quarantine period to evaluate the dog for rabies (usually 10 days). In addition, if the dog is ultimately deemed to be dangerous and/or a threat to the public, one or more of the following requirements may be imposed as well:
Expert evaluation and training;
Confinement as necessary;
When in a public place, restraint by a leash controlled by someone at least 21 years old;
Muzzling of the dog when in a public place;
A requirement that the owner obtain a liability insurance policy against dog attacks not to exceed $100,000. These costs related to a dog bite are the responsibility of the dog owner.