Michigan Dog Bite Wrongful Death Claims

Lost a loved one in a Michigan dog attack? The Michigan Dog Bite Law Firm handles fatal dog attack and wrongful death cases. Confidential consultation with Solomon Radner. No fee unless we win.

Fatal dog attacks in Michigan are rare but devastating. Most fatalities occur from severe attacks by large powerful dogs — often involving children, the elderly, or victims who could not escape or defend themselves. If you have lost a family member to a dog attack in Michigan, you have the right to pursue a wrongful death claim under Michigan law. This page explains how Michigan handles dog bite wrongful death cases, who can bring a claim, what damages are recoverable, and the deadlines that apply.

We approach these cases with the gravity they deserve. Nothing brings back a loved one. The civil claim is about accountability, financial security for surviving family members, and ensuring the dog owner faces real consequences.

Michigan’s Wrongful Death Statute and Dog Attacks

Michigan’s wrongful death claims are governed by the Wrongful Death Act (MCL 600.2922). When a death is caused by another party’s wrongful act — including a dog attack — the personal representative of the deceased person’s estate can bring a wrongful death lawsuit against the responsible party.

Dog bite wrongful death cases combine two areas of Michigan law: the wrongful death statute, which governs the claim itself, and the dog bite strict liability statute (MCL 287.351), which establishes the dog owner’s liability. The strict liability standard means the family does not need to prove the dog owner was negligent — only that the dog attack caused the death.

Who Can File a Wrongful Death Claim?

Under Michigan law, only the personal representative of the deceased’s estate can file the wrongful death lawsuit. If there is no estate yet, one needs to be opened in probate court and a personal representative appointed. The personal representative is often a surviving spouse, adult child, or parent, but can be any person the court approves.

The damages recovered in the lawsuit are distributed to specific categories of surviving family members, generally including the spouse, children, parents, and certain other dependents. The exact distribution is determined by Michigan law and the court.

Damages Recoverable in a Dog Bite Wrongful Death Case

• Medical expenses incurred between the attack and the death
• Funeral and burial expenses
• Lost financial support the deceased would have provided to dependents
• Loss of services — the value of what the deceased did for the family (childcare, household work, etc.)
• Loss of society and companionship — the value of the relationship to surviving family members
• Pain and suffering experienced by the deceased between the attack and death (if conscious)
• Emotional distress of close family members who witnessed the attack

Michigan has no statutory cap on wrongful death damages. The amount depends on the facts of the case — the deceased’s age, earning capacity, the impact on the family, and other factors.

Who Can Be Held Liable?

In serious dog bite wrongful death cases, there are often multiple potential defendants:

• The dog’s owner. Primary defendant. Strictly liable under MCL 287.351.
• Anyone harboring the dog. Under Michigan law, “owner” includes anyone who kept, harbored, or controlled the dog — not just the legal title holder.
• Landlords. If the attack happened at a rental property and the landlord knew about a dangerous dog and failed to act, the landlord may have separate negligence liability. See our guide on landlord liability.
• Premises owners. Whoever controls the property where the attack occurred may have premises liability if the danger was foreseeable.
• Negligent third parties. If someone other than the owner created the conditions that allowed the attack (e.g., a kennel that lost the dog, a neighbor who left a gate open), they may share liability.

Identifying all potentially liable parties maximizes the available insurance coverage, which matters because wrongful death damages routinely exceed a single homeowner’s policy limit.

Criminal Charges and the Civil Case

In fatal dog attack cases, prosecutors sometimes bring criminal charges against the dog owner — involuntary manslaughter, criminal negligence, or violations of Michigan’s dangerous-dog statutes. The criminal case is separate from the civil wrongful death lawsuit but can influence it. A criminal conviction can be powerful evidence in the civil case. The civil case can proceed regardless of whether criminal charges are filed or what their outcome is.

Statute of Limitations for Wrongful Death

Michigan’s statute of limitations for wrongful death claims is generally three years from the date of the death — not the date of the original attack. If the attack occurred and the victim later died from the injuries, the three-year clock starts at death. Special rules can apply in certain circumstances, including claims involving minor children. Government-related claims (e.g., a dog owned by a police K-9 unit) have much shorter notice deadlines — sometimes as short as 120 days.

Because of these deadline complexities and the need to preserve evidence quickly, families should contact an experienced Michigan dog bite attorney as soon as possible.

What to Do After a Fatal Dog Attack

1. Preserve evidence. Photographs of the scene, the dog, the location. The dog itself may need to be examined or quarantined. Local animal control will be involved.
2. Coordinate with law enforcement. Fatal dog attacks trigger police investigations. Cooperate fully and request copies of all reports.
3. Save medical records and bills. Especially if there was any period of medical care between the attack and the death.
4. Identify the personal representative. Michigan law requires the wrongful death case to be brought by the estate’s personal representative. If no estate is open, one needs to be established.
5. Do not give recorded statements to insurance. The dog owner’s insurance company will move quickly. Do not give a recorded statement before consulting an attorney.
6. Consult an experienced Michigan dog bite attorney. Wrongful death cases involve specific procedural requirements that differ from ordinary dog bite cases. Get specialized representation early.

How The Michigan Dog Bite Law Firm Handles Fatal Dog Attack Cases

Fatal dog attack cases require sensitivity, urgency, and specialized legal knowledge. We coordinate with probate counsel to establish the estate if needed, work with medical and behavioral experts to document the dog’s history and the attack mechanics, and pursue every available source of insurance coverage. We handle the legal process so the family can focus on grieving and on the rest of their lives.

The Michigan Dog Bite Law Firm, led by Solomon Radner, exclusively represents dog bite victims. Mr. Radner has been a Michigan Super Lawyer every year since 2014. There is no fee unless we recover, and case reviews are free and confidential.

Lost a loved one in a Michigan dog attack?
Call 1-800-LAWSUIT or request a confidential case review. No fee unless we win.