What If the Dog Wasn’t Biting — Just Scratched or Knocked Me Down?

Michigan’s strict liability statute applies to bites specifically — but other dog-caused injuries are still recoverable. The legal path is just different.

The Short Answer

MCL 287.351 specifically covers BITES — so scratches or knockdowns without a bite don’t trigger strict liability. But you can still recover under common-law negligence. The standard is whether the dog owner was reasonably careful in controlling the animal. Most dog owners owe a duty to prevent foreseeable harm from their dog’s behavior. Scratches, knockdowns, and chase injuries are all recoverable, but you must prove the owner was negligent.

Video coming soon — Solomon Radner answers this question

The Detailed Answer

Michigan’s dog bite statute is unusually plaintiff-friendly for ONE specific type of injury — actual bites. Other dog-caused injuries are handled under common-law negligence principles, which require proving fault. The good news: most dog-caused injuries that aren’t bites are easy negligence cases anyway.

Strict liability vs negligence — the key distinction

Under strict liability (MCL 287.351 for bites), the victim doesn’t need to prove the owner did anything wrong. The bite happened — the owner pays.

Under negligence (for non-bite injuries), the victim must prove four elements:

Duty — the owner had a legal duty to control the dog
Breach — the owner failed to exercise reasonable care
Causation — that failure caused the injury
Damages — actual harm resulted

For dog owners, the duty to control their dog and prevent foreseeable harm is well-established under Michigan law. Most non-bite cases come down to whether the owner did enough to prevent the injury.

Common non-bite injuries that succeed under negligence

Knockdown injuries — large dog runs full speed into an elderly person, breaks a hip
Scratches without a bite — dog jumps up and claws the face or arms
Chase injuries — victim falls, runs into traffic, or otherwise gets hurt fleeing
Trampling injuries — child knocked down and stepped on by a large dog
Restraint injuries — victim hurt trying to push or grab a charging dog
Bicycle/skateboard crashes caused by a dog

What you can recover

The same categories of damages are recoverable under negligence as under strict liability:

Past and future medical expenses
Lost wages
Pain and suffering
Permanent injury / loss of function
Emotional distress and PTSD (see our PTSD page)

The damages don’t change. Only the path to liability changes.

What This Means for Your Case

Don’t assume a non-bite dog injury is uncompensable. Knockdowns, scratches, and chase injuries are routinely recoverable in Michigan under negligence principles. The case requires proving fault, which is more work than a strict liability bite case — but it’s typically still successful when the facts support the claim. A free case review can tell you honestly whether your specific injury has the elements needed to recover.

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