METRO DETROIT DOG BITE ATTORNEY
Dogs are wonderful companions and family members. However, it is a reality that dog bites can be traumatic and result in very serious injuries for the victim. If you have been the victim of a dog bite, you need an experienced Michigan dog bite lawyer to handle your case. Below are some common questions our office fields from dog bite plaintiffs. Give Metro Detroit Injury Lawyers a call today at 248-430-8929 for your free dog bite consultation.
What Are The Elements Of A Michigan Dog Bite Claim?
In Michigan, a dog bite victim must be able prove certain elements of their case to be entitled to compensation. First, the plaintiff must prove that he or she was injured or suffered damages as result of a bite. Second, the plaintiff must prove the he or she did not provoke or incite the dog to become aggressive and bite. Third, the plaintiff must prove that the defendant was the owner of the dog. Lastly, the plaintiff must have been lawfully on the property where the dog bite occurred.
How Long Do I Have To File A Michigan Dog Bite Claim?
In Michigan, dog bite victims have THREE YEARS from the date of the attack to bring a formal lawsuit for damages. This is called the statute of limitations and it may vary depending on the type of case. Once this deadline passes, the court will refuse to hear your case and you will be unable to receive compensation for your injuries.
I Heard Michigan Is A “Strict Liability Dog Bite State. What Does “Strict Liability” Mean
Michigan is a strict liability dog bite state. This means that the owner of the dog can’t escape liability by arguing that he or she did not know of their dog’s vicious tendency. Rather, if you own a dog and the dog bites someone, you are liable. This is true even if the dog had never bitten anyone nor acted aggressively.
Are There Any Defenses To A Dog Bite Case?
A Michigan dog owner generally has only two defenses to a dog bite claim: provocation and trespassing. For example, if you hit the dog thus causing him to bite you, you are not entitled to compensation. If the dog owner can prove that the dog bite was provoked, he or she will not be liable. Trespassing is another defense available to the dog bite owner. Michigan law requires that the dog bite take place on either public property, or that the injured party be lawfully on private property. The dog owner may be able to avoid liability if he or she can show that the plaintiff was not lawfully on their property when the dog bite took place.