Slusky & Walt

abe
  • HOME
  • ABOUT US
  • ATTORNEYS
  • AREAS OF SPECIALTY
    • Social Security Disability
    • Medical Malpractice
    • Auto Accidents
    • Motorcycle Accidents
    • Dog Bite Injuries
    • Catastrophic Injuries
    • Workplace Accidents
    • Truck Accidents
    • Wrongful Death
    • Birth Injury
  • BLOG
    • Social Security Disability
    • Medical Malpractice
      • Birth Injury
    • Auto Accidents
      • Car Accidents
      • Pedestrian Accidents
      • Motorcycle Accidents
      • Truck Accidents
    • Workers’ Compensation
    • Dog Bite
    • Personal Injury
    • Wrongful Death
  • CONTACT US

What If My Dog Bites a Trespasser – Am I Still Responsible?

October 9, 2014 by John Walt Leave a Comment

What If My Dog Bites a Trespasser – Am I Still Responsible?

Dog bites can leave the victim with serious, even life-threatening, injuries. Even a relatively minor bite can often become infected and put the victim at serious risk for permanent injury. If you are a dog owner, it is important to know what the Michigan laws are regarding your liability should your dog attack someone on your property or in a public place. Failing to know or understand the law is not a defense should your dog injure someone. One question dog owners often ask is “ What if my dog bites a trespasser – am I still responsible? ”

The State of Michigan is one of many states that have a “strict liability” dog bite law. For an injured party in any type of personal injury accident to be entitled to compensation the law must first provide a basis for that compensation. Typically, the law requires the injured party to prove that the defendant’s negligence was the cause of (or a contributing factor) the accident. Negligence requires the plaintiff to show that the defendant owed a duty of care to the plaintiff and that the duty of care was breached, resulting in injury. Intentional conduct can also be the basis of a personal injury lawsuit. When strict liability is used it basically means that the plaintiff (the injured party) is not required to prove anything other than the fact that the defendant’s conduct injured the plaintiff. The defendant’s state of mind is irrelevant as are any steps taken by the defendant to try and prevent the harm.

Mich. Comp. Laws Ann., sec. 287.351 states:

Sec. 1. (1) If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.

Note that the statute specified “lawfully on private property”. A trespasser, by definition, is not on your property lawfully. Therefore, you are not held to a strict liability standard with regard to injuries sustained by a trespasser as a result of a dog bite. This does not necessarily mean you are completely out of the woods as far as liability goes.  Some courts will still find a dog owner liable if the owner failed to take even the most basic precautions to prevent harm to anyone who enters the property.

If you have been injured in a dog bite attack, or you are the owner of a dog who caused injuries, consult with an experienced Michigan dog bite attorney immediately.

  • Author
  • Recent Posts
John Walt
John Walt
John Walt began practicing law in 1980 having graduated from the University of Michigan in 1977 and the University of Detroit Law in 1980. His practice areas have taken him to courts all over the state to Detroit, Flint, Saginaw, Bay City and points in between.
John Walt
Latest posts by John Walt (see all)
  • Can I Get Social Security Disability If I Suffer from Diabetes? - November 25, 2014
  • Can I Get Disability Benefits If I Can Work Part-Time? - November 18, 2014
  • What Is The Deadline for Filing a Personal Injury or Wrongful Death Case after a Truck Accident in Michigan? - November 11, 2014

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Contact Us

  • This field is for validation purposes and should be left unchanged.

Find Us On Facebook

Map

Slusky & Walt, P.C.

Attorneys at Law
248-559-9100

Southfield

17515 West Nine Mile Road, Suite 400 Southfield, MI 48075

Flint

G-4030 Corunna Road Flint, MI 48532

Saginaw

1024 N. Michigan Ave. Saginaw, MI 48602

Romulus

36830 Goddard Road Romulus, MI 48174

East Side Location

25501 Van Dyke Centerline, MI 48015

Office Hours

Monday-Friday:
8 a.m.-5 p.m.
Evening & Weekend
Appointments

Slusky & Walt

ft_logo

1-800-ABE-HELPS

1-800-223-4357

1-248-559-9100

sluskyandwalt@gmail.com
© 2014 Slusky & Walt, PC.
All Rights Reserved. | Disclaimer | Privacy Policy

Copyright © 2025 · Slusky Theme on Genesis Framework · WordPress · Log in