Someone else’s dog jumped on you, ran into you, or knocked you down. You were seriously injured, but the dog never actually bit you. Can you recover compensation for your injuries?

Michigan’s dog bite statute specifically targets injuries caused by a dog bite. While it does not apply to knock downs, you may still be able to use other legal theories in these situations to recover the financial compensation you deserve.

Key Takeaways

• Michigan’s strict liability statute only applies to injuries caused by a dog bite. It does not apply to injuries caused by being knocked down.
• Strict liability may still apply if the dog owner knew the dog had dangerous propensities.
• In the absence of evidence of prior aggression, someone injured in a dog attack without biting in Michigan may still be able to recover compensation under a theory of ordinary negligence. They must show that the dog owner did not act the way a reasonably careful owner would under the circumstances.

Michigan’s Strict Liability Statute Only Applies to Bite Injuries

Michigan law imposes strict liability on dog owners when a dog bite causes injuries without provocation, regardless of whether the dog had shown prior signs of aggression. The dog owner is responsible for almost any injuries and other losses caused by the dog bite.

However, the language of the statute is very clear and applies only to injuries caused by a dog bite. It does not apply to a dog attack without biting in Michigan. When a person is injured by a dog but is not bitten, the statute does not apply. Fortunately, an injured person may still be able to recover financial compensation under alternative legal theories.

Strict Liability May Apply if the Dog Owner Knew of the Animal’s Dangerous Propensities

In situations where the dog owner knew of the dog’s dangerous propensity, strict liability may still apply. In the 1994 case of Trager v. Thor, the Michigan Supreme Court noted that strict liability applies when a dog owner knew the dog had dangerous propensities and the harm resulted from those dangerous propensities.

An injured person may present evidence of the dog’s dangerous propensities, such as a prior incident in which the same dog knocked someone down or acted in an aggressive manner, a prior citation or complaint to animal control regarding the dog, a veterinarian or dog trainer’s records indicating aggressive or uncontrollable behavior, or statements from neighbors or other visitors describing a pattern of behavior the dog owner knew or should have known about.

Common dog behavior, such as barking, jumping up to greet people, or approaching strangers is not enough to show an animal has dangerous propensities. For strict liability to apply, the dog owner must have known of something genuinely unusual about the dog.

Absent a History of Aggression, Ordinary Negligence May Still Apply

Even without evidence of prior aggressive behavior, a dog owner may still be liable for failing to use ordinary care to control the dog if that failure was the cause of the injuries. Examples of a dog owner’s failure to exercise ordinary care include:

• Letting a large or excitable dog off-leash in a place where leashes are required
• Failing to secure a gate or fence the dog is known to push through
• Ignoring visible signs the dog was about to jump or run into someone nearby

Someone injured by a dog that has no history of aggression may be able to recover compensation under a theory of ordinary negligence. It does not require a showing that the dog owner knew about the animal’s dangerous propensities. It merely requires showing that the dog owner did not act the way a reasonably careful owner would under the circumstances.

Compensation for Dog Attack Injuries

Even if a dog does not bite, a dog attack can still cause serious injuries, including:

• Cuts and lacerations
• Scratches and abrasions
• Sprains and strains
• Broken bones
• Bruising
• Head trauma, concussions, and traumatic brain injuries
• Emotional distress and life-long psychological trauma

If you were injured in a dog attack but were not bitten by a dog, strict liability may not apply. However, you may still be entitled to compensation for your injuries and other losses. A dog attack injury lawyer can evaluate your situation, explain your options, and help you recover the compensation you deserve.

You may be entitled to compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damages

When a dog attack causes serious injuries, a personal injury attorney can put you on the path to recovery and help you put your life back together.

Injured in a Dog Attack? Contact Muth Law, P.C., Today.

If you were injured in a dog attack without biting in Michigan, it’s essential to have a skilled personal injury attorney to assist you with recovering your rightful compensation. Our personal injury attorneys work with people injured in dog attacks in Ypsilanti, Ann Arbor, Washtenaw County, and throughout Michigan. We handle legal claims for dog attack injuries on a contingency fee, which means you will not pay us a fee unless we recover money for you.

Please contact us to schedule a free, confidential, no-risk consultation to discuss your dog attack injury matter. Call 734-481-8800 or contact us via e-mail. We look forward to serving your family.