Legal Question in Civil Litigation in Michigan

Re: dog bite in posted yard

His argument will be that he was was lawfully on your property because you did not have a "no solicitation" sign, and your dog bit him without provocation. Your response is to argue that the salesman was a trespasser, unlawfully on the property because you did not invite him and your sign is evidence that he was to keep away, and that he either intentionally or unintentionally provoked the dog. Find out if he has sued any other homeowners to establish a pattern of filing these types of lawsuits and attempt to use that to discredit him.

MCL 287.351 applies. If a dog bites a person, without provocation while the person is lawfully on the property of the owner of the dog, the owner 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.

A person is lawfully on the private property of the owner of the dog if the person is an invitee or licensee.

Salesman must prove: 1. that he was injured by a dog bite, 2. was lawfully on your private property, 3. that the biting was without provocation, and 4. that you were the owner of the dog. If any one has not been proved, then you win.

"Provocation" means any action or activity, whether intentional or unintentional, which would reasonably be expected to cause a dog in similar circumstances to react in a manner similar to that shown by the evidence.

Since the salesman's status is a main part of the dispute, the Court will review the definitions of licensee, invitee, or trespasser as defined in MCJI 19.01 and draft a specific instruction for the fact pattern in dispute.

An invitee is a person who is invited to enter or remain on premises for a commercial benefit to the possessor of the premises or for a purpose directly or indirectly connected with business dealings with the possessor. An invitation may be either express or implied.

A licensee is a person who is invited to enter or remain on premises for any purpose other than a business or commercial one with the express or implied permission of the owner or person in control of the premises. A social guest is a licensee, not an invitee.

A trespasser is a person who goes upon the premises of another without an express or implied invitation, for his or her own purposes, and not in the performance of any duty to the owner. It is not necessary that in making such an entry the trespasser have an unlawful intent.

(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)