What If I Was Bitten by a Service Dog or Therapy Dog in Michigan?

Service dogs are protected by federal disability law — but their handlers are NOT exempt from Michigan dog bite liability.

The Short Answer

Service dogs are NOT exempt from Michigan’s strict liability statute. MCL 287.351 applies to all dogs equally. A service dog that bites someone creates the same liability for its handler as any other dog. ADA protection covers the right of the disabled handler to be accompanied by the dog — it does NOT shield the handler from personal injury claims when the dog bites someone. The same applies to therapy dogs, emotional support animals, and dogs in training.

Video coming soon — Solomon Radner answers this question

The Detailed Answer

One of the most common misunderstandings in dog bite law is the assumption that service dogs are legally different from other dogs when it comes to bite liability. They aren’t. The Americans with Disabilities Act (ADA) gives disabled individuals the right to be accompanied by a service animal in places where dogs are otherwise prohibited. It does NOT immunize the handler from liability when the dog bites someone.

Service dog vs. therapy dog vs. emotional support animal

These categories are often confused. From a Michigan bite liability standpoint, the distinction doesn’t matter — MCL 287.351 applies to all of them. But the categories themselves:

Service dog — trained to perform specific tasks for a person with a disability (guide work, mobility assistance, seizure detection, etc.). Protected by the ADA.
Therapy dog — provides comfort to others in hospitals, nursing homes, schools. NOT covered by ADA service-animal provisions.
Emotional support animal — provides comfort by presence. Limited legal protections (Fair Housing Act for housing, no public-access rights under ADA).

None of these categorizations affect Michigan dog bite liability. The owner of a service dog that bites is just as liable as the owner of a pet poodle that bites.

Where service dog bites commonly occur

Because service dogs are allowed in places other dogs aren’t, bites happen in distinctive settings:

Airports and on airplanes
Restaurants, hotels, and grocery stores
Medical offices and hospitals
Public transit, taxis, and rideshare
Schools and government buildings

Each of these settings can create additional liability for the business or property owner if they failed to take reasonable steps after being made aware of an aggressive service dog. But your primary claim is against the dog’s handler under Michigan strict liability.

Insurance coverage for service dog bites

Service dog handlers carry the same homeowner’s or renter’s insurance as any other dog owner. Those policies typically cover dog bite liability. The handler’s disability status doesn’t change the coverage analysis. Some insurance carriers have tried to exclude service dogs from coverage — Michigan courts have generally rejected such exclusions as unenforceable.

What This Means for Your Case

If you were bitten by a service dog, don’t let anyone tell you the case is “different” or that the dog is “protected” from claims. Michigan law treats all dogs equally for bite liability purposes. The handler may be sympathetic — they’re disabled, they need the dog — but their insurance is what pays your claim. Your right to recover is the same as it would be in any other Michigan dog bite case.

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