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Does Strict Liability Mean You Have an Open and Shut Case?
Animal-related injuries can be serious. In some cases, for example, dog bites can lead to issues requiring surgery or long-term recovery. If you are bitten by a dog and face these types of challenges, do you have a personal injury case? Understanding how Michigan’s strict liability principle works is important in deciding whether you do.
What Is Michigan’s Strict Liability Take on Dog Bites?
Some states consider whether a dog was previously aggressive and what efforts owners took to protect people from the dog’s behavior in determining liability if a dog injures someone. These states may have what is called a one-bite rule that reduces owner liability the first time a dog bites someone, especially if the dog owner can demonstrate that the dog has never been aggressive before.
In Michigan, however, strict liability principles regarding dog bites mean the liability of the owner is present regardless of the previous behavior of the animal. Dog owners can be held accountable the very first time a dog bites someone. In filing a claim against a dog owner when you are injured by a dog, you don’t have to prove that the dog has any history of aggression.
Are There Exceptions to the Strict Liability Stance, and How Might They Impact Your Case?
However, Michigan’s strict liability law doesn’t mean that every dog bite case is open and shut or that a dog owner doesn’t have a potential defense against your claim. There are times when owners might not be held responsible for the injuries inflicted by a dog bite. The exceptions include:
- The person bit provoked the dog in some way. If a dog owner can show you might have caused the dog to bite you through provocation, they may not be liable for the injuries. Provocation can include any activity that a reasonable person would believe might cause the dog to respond in a negative fashion, including hitting the dog or teasing it in some way. The defendant—the dog owner—must prove that provocation existed.
- The person injured was trespassing on the dog owner’s property. If someone is bitten by a dog when trespassing on the dog owner’s property, the dog owner typically is not considered liable for injuries inflicted by their dog. After all, this may be the purpose of the dog—to guard the property from intruders.
- The person injured was in the process of committing a crime. In many cases, if you were committing a crime, such as breaking and entering, at the time you were bitten by a dog, the dog’s owner may not be liable under Michigan law.
What Type of Compensation Is Possible in Michigan Dog Bite Cases?
The compensation you can seek in a dog bite case depends on the extent of your injuries. You can seek compensation for any medical expenses associated with your injuries, including necessary emergency treatment in an emergency room or urgent care, surgery required to repair wounds, medication to treat pain or fight off infection, and physical therapy if it’s necessary to help you recover after injuries.
If your injuries are severe, you may be out of work for a period of time. If so, you can seek compensation for lost wages. Depending on your injuries and the severity of the dog attack, you might also seek compensation for psychological trauma. These non-economic damages may be more difficult to prove, as you can’t show receipts for costs or calculate them as you can with lost wages. However, your attorney can help you understand what types of compensation might be available in your case and what dollar figures might be associated with them.
When seeking compensation for injuries related to a dog bite, you might need to start with a claim to the relevant homeowner’s insurance or liability policy. If you are bitten by a dog on the property of its owner, their homeowner’s insurance may offer some coverage. If you are bitten in a public area, you may need to file a claim with a different insurance provider. In cases where there is no applicable insurance or the insurance has denied your claim, you may need to seek compensation directly from the dog owner. A personal injury lawyer can help you understand what entities to name in any action you take regarding a dog bite.
Why Work With a Lawyer if You’re Bitten By a Dog
Michigan’s strict liability law doesn’t mean dog bite personal injury cases are simple and easy. Just because you don’t have to prove that a dog was previously aggressive doesn’t mean you have no burden of proof. You still have to demonstrate that a dog bite caused your injuries and create a narrative about the severity of those injuries and the negative impact on your life. The dog’s owner also has potential defenses, including claiming that you provoked the dog in some way.
An experienced personal injury attorney can help you create a strategy for seeking compensation that enhances your chances of success. They can advise you of your options, help you gather evidence for your case, and present a compelling case in court if necessary. To find out more about the options for compensation if you’ve been bitten by a dog, call the Sigal Law Firm at 248-671-6794 to schedule a free consultation.
