Legal Question in Personal Injury in Michigan

Re: Dog Bite

Michigan law provides for strict liability of the owner where a dog bites:

287.351 Person bitten by dog; liability of owner.

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.

(2) A person is lawfully on the private property of the owner of the dog within the meaning of this act if the person is on the owner's property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or if the person is on the owner's property as an invitee or licensee of the person lawfully in possession of the property unless said person has gained lawful entry upon the premises for the purpose of an unlawful or criminal act.

Application of this law would mean that the dog owner must pay damages.

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Re: Dog Bite

I personally do not think you should do anything. The damages fortunately are not much. A jury may award a very small amount, like $500 to $1,500. Making a big deal out of this would potentially subconsciously make your child fearful of all dogs and scar your relationship with your neighbor. I am all for pursuing your remedies in the event that a person is substantially injured or scarred as a result of a dog situation. However, when a dog bites but there is not medical and no scar, it really in counter-productive to even file a claim. That is merely my opinion and I am sure that you will be able to find some lawyer who will take that case. However, I am also sure that you will find my advice to be correct. William S. Stern