Can I Sue If the Dog Was on a Leash When It Bit Me?

Insurance adjusters love the leash defense — it sounds reasonable to people who don’t know Michigan law. Here’s why it doesn’t work.

A responsible dog owner walking a dog on a leash

The Short Answer

Yes — a leash does not eliminate the dog owner’s liability under Michigan law. MCL 287.351 imposes strict liability regardless of whether the dog was restrained. A leash that breaks, a dog that lunges past its handler, a dog that bites someone who walks too close — all of these still create liability for the owner. The leash defense is one of the most common (and one of the weakest) arguments insurance companies make in Michigan.

Video coming soon — Solomon Radner answers this question

The Detailed Answer

When a dog on a leash bites someone, the dog owner’s first response is often “but the dog was on a leash!” — as if that should automatically defeat the claim. The insurance adjuster reinforces this view. They argue the bite was unforeseeable because the owner had the dog “under control.” The argument is intuitive. It’s also wrong under Michigan law.

Why the leash argument fails

Michigan’s strict liability statute says nothing about whether the dog must be unrestrained. The statute imposes liability when a dog bites a person who was lawfully present and did not provoke the dog. The dog’s degree of restraint is legally irrelevant.

This makes practical sense too: leashes break, slip, get dropped, or simply don’t prevent a determined dog from reaching its target. A 6-foot leash gives the dog a 6-foot radius to bite anyone in. If the dog reaches you, the owner is liable — full stop.

Dog lunges and the handler can’t hold the leash — owner is liable
Leash breaks or unclips — owner is liable
You walked within the leash’s radius — owner is liable (it was their job to keep distance)
Dog was tied to a porch or pole and you walked past — owner is liable
Dog on a retractable leash bit at full extension — owner is liable (and arguably more so for using a retractable leash on an aggressive dog)

When the leash actually matters (different way)

The leash CAN matter in one way: it strengthens your case. Many Michigan municipalities have leash laws — meaning the dog being OFF-leash is itself a violation. When a dog bites you off-leash in a leash-law jurisdiction, you have both: (1) strict liability under MCL 287.351, AND (2) a per se negligence claim based on the leash law violation. The on-leash bite is still a winning case. The off-leash bite is an even stronger one.

What This Means for Your Case

If you’ve been told “no case because the dog was on a leash,” the person telling you that is wrong — and they’re usually the insurance adjuster trying to close the file cheaply. Get a free case review from an attorney who handles Michigan dog bite cases. The leash defense doesn’t survive five minutes of legal scrutiny.

Bitten by a dog in Michigan? Call 1-800-LAWSUIT or request a free case review. No fee unless we win.