Does Michigan Have a “One-Bite” Rule?

Michigan’s dog bite law is among the most plaintiff-friendly in the country — and the reason is its rejection of the “one-bite” rule. Here’s what that means for your case.

A friendly golden retriever

The Short Answer

No — Michigan is a strict liability state under MCL 287.351. Unlike “one-bite” states where dog owners get a free pass on the first bite, Michigan owners are liable from the very first bite. The dog’s prior history does not matter. You don’t need to prove the owner knew the dog was dangerous, and the owner cannot escape liability by claiming the dog had never bitten anyone before.

Video coming soon — Solomon Radner answers this question

The Detailed Answer

The “one-bite” rule is a doctrine inherited from English common law that lets dog owners off the hook for the FIRST time their dog bites someone. The theory was that until the dog had bitten once, the owner had no way to know the dog was dangerous — so it would be unfair to hold them liable. Many U.S. states still follow this rule. Michigan does not.

What “one-bite” states require victims to prove

In a one-bite state, a dog bite victim must typically prove all of the following before recovering damages:

The dog had bitten someone before
The owner knew or should have known about that prior bite
The owner failed to take reasonable precautions
That failure caused the second bite

This is a high evidentiary bar — and many legitimate victims lose their cases because they can’t prove what the owner knew.

Why Michigan rejected this rule

Michigan’s legislature enacted MCL 287.351 (the strict liability statute) precisely to fix the unfairness of one-bite. Under Michigan law, victims need to prove only three things:

A dog bit them
They were lawfully present at the location
They did not provoke the dog

That’s it. No prior bite required. No proof of the owner’s knowledge required. No negligence required. Michigan courts have consistently rejected attempts by defense lawyers to import “prior viciousness” requirements into the statute.

What this means practically

The Michigan rule shifts the burden from the victim (who knows nothing about the dog) to the owner (who knew their own animal). This is why Michigan dog bite settlements tend to be higher and resolve faster than in one-bite states — the central liability question is essentially already answered.

The defendant’s insurance carrier knows this. So the conversation moves quickly from “is there liability” to “what’s the case worth” — which is where having an experienced attorney becomes the most valuable.

What This Means for Your Case

Don’t believe the insurance adjuster who tells you “there’s no case because the dog had never bitten anyone before.” That’s the one-bite rule talking — and it doesn’t apply in Michigan. Under MCL 287.351, the owner is liable from the first bite. Period.

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