What If I Was Bitten at a Dog Park in Michigan?
Dog parks are designed for off-leash play — which creates a unique liability question when bites happen there.
The Short Answer
Dog park bites are typically pursued under common-law negligence rather than strict liability, because the law arguably contemplates that dogs at a dog park will interact freely. But strict liability under MCL 287.351 may still apply — Michigan courts have not categorically excluded dog parks from the statute. The biggest practical challenge is identifying the dog and owner. Most parks have posted assumption-of-risk signage, but Michigan courts haven’t broadly enforced these waivers against bite victims.
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The Detailed Answer
Dog parks present a unique legal scenario. They exist specifically so that dogs can run off-leash and interact with other dogs and people in close proximity. When a bite happens at a dog park, the analysis is more nuanced than for a typical neighborhood bite.
Strict liability or negligence?
Insurance companies argue that dog parks fall outside MCL 287.351’s coverage because the very purpose of the park is unrestrained interaction — and visitors are arguably consenting to that risk. Michigan courts have not adopted this view as a general rule. Strict liability still applies if you can identify the dog and owner.
Where strict liability doesn’t clearly apply, negligence claims can still proceed. The owner of the biting dog had a duty to control the dog — and bringing an aggressive or untrained dog to a dog park can be evidence of negligence even when strict liability is contested.
The identification problem
The biggest practical issue with dog park bites is identifying the dog and its owner. Dogs at parks are off-leash. People stand on the perimeter watching their dogs play. When a bite happens, the owner may not immediately come forward — and other park-goers may not know who owns which dog.
Steps to take immediately:
- Photograph the dog and its owner before either leaves
- Get the owner’s name, address, and insurance information
- Get the dog’s name and rabies vaccination status
- Get contact info for any witnesses
- Check whether the park has surveillance cameras (some do)
If the owner leaves before you can identify them, see our guide on what to do when you can’t identify the dog.
Park signage and assumption of risk
Most Michigan dog parks have signs posted at the entrance with language like “Enter at your own risk” or “The City of [X] assumes no liability for injuries.” These signs typically:
- Protect the city/municipality from liability for the park itself
- Do NOT protect individual dog owners from MCL 287.351 claims
- Cannot waive statutory rights as a general matter
The city’s immunity for the park does NOT extend to the dog’s owner. You can still pursue the owner directly even if the city is immune.
Municipal liability when applicable
In rare cases, the city or municipality operating the park may have liability — for example, if a dog had been reported as dangerous and the city failed to ban it from the park. Governmental immunity doctrine makes these claims difficult but not impossible.
What This Means for Your Case
Dog park bite cases are more complex than typical Michigan bite cases, but they are absolutely pursuable. The most important factor is identification of the dog and owner. If you have a name and address, the case proceeds normally. If you don’t, the case is harder but not impossible.
Get a free case review — we’ll evaluate whether your specific dog park bite makes sense to pursue.
Related Questions
- Michigan strict liability dog bite law explained
- What if I can’t identify the dog or owner?
- Bitten while walking in a park or neighborhood
Bitten by a dog in Michigan? Call 1-800-LAWSUIT or request a free case review. No fee unless we win.
