What If I Was Bitten While Jogging or Biking?
Joggers and cyclists are common dog bite victims in Michigan. The legal protections are strong — and the defenses insurance companies raise rarely hold up.
The Short Answer
You have a full strict liability claim under MCL 287.351. Joggers and cyclists on public roads, sidewalks, or trails are lawfully present. The dog owner is liable regardless of whether the dog was leashed, regardless of whether the dog was in its own yard when it ran out. Insurance companies sometimes argue that running or biking provoked the dog — but Michigan courts have rejected this argument. Motion is not provocation.
Video coming soon — Solomon Radner answers this question
The Detailed Answer
Joggers and cyclists are bitten frequently in Michigan — dogs are triggered by movement, and unrestrained dogs near roads, sidewalks, and trails encounter passing runners and bikers constantly. The legal protections for these victims are clear, but insurance companies routinely try to muddy the water with creative provocation arguments.
Lawful presence on public infrastructure
Under MCL 287.351, the victim must be lawfully present at the bite location. Joggers and cyclists on:
- Public sidewalks
- Roadway shoulders
- Bike lanes
- Public parks and trails (Belle Isle, Hines Park, Stony Creek, etc.)
- Rail-trail conversions (the Macomb Orchard Trail, Border-to-Border Trail)
…are unquestionably lawfully present. This element is almost never disputed in jogger/cyclist cases.
The “motion provoked the dog” defense fails
Insurance defense lawyers sometimes argue that running, biking, or moving quickly past a dog “provoked” the bite. Michigan courts have rejected this argument repeatedly. Provocation requires intentional, voluntary conduct directed at the dog with reasonable expectation of biting. Going for a jog is none of those things. See our FAQ on the provocation defense.
If anything, the dog’s reaction to motion is evidence of its dangerous propensities — supporting your case rather than undermining it.
Common jogger/cyclist scenarios
- Loose dog runs out of a yard to attack — clear strict liability
- Dog escapes through open gate or invisible fence failure — clear strict liability; the owner’s containment was inadequate
- Leashed dog lunges and the handler loses control — clear strict liability; leash doesn’t eliminate it
- Bite during a trail run — strict liability against the dog owner; possible separate negligence claim against trail managers if known dangerous
- Cyclist crashes trying to avoid a charging dog — see our FAQ on chase injuries
Biking vs jogging: similar but distinct
Cyclist cases have one wrinkle that jogger cases don’t: bike crashes from dog chases often produce more serious injuries than the bite itself. A cyclist who lays the bike down to avoid a charging dog may sustain road rash, fractures, concussion, or worse. These crash injuries are recoverable too — even when the dog never bit the cyclist directly — under common-law negligence principles (see our FAQ on non-bite dog injuries).
What This Means for Your Case
If you were bitten while jogging or biking in Michigan, you have a strong case. The legal protections are robust, the typical insurance defenses fail, and the case value often reflects the full impact — including any crash injuries. Document the location, identify the dog owner, photograph everything, and call an attorney for a free case review.
Related Questions
- Michigan strict liability dog bite law
- Bitten while walking or at a park
- Dog on leash bit me — can I sue?
Bitten by a dog in Michigan? Call 1-800-LAWSUIT or request a free case review. No fee unless we win.
