A Strict Liability Statute
The Michigan Dog Bite Law is considered a “strict liability” statute. In other words, the law makes a dog owner responsible for any damage caused by the dog attack.

The Michigan Dog Bite Statute, MCL 287.351, states:

• 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.

Elements of a Dog Bite Claim
The two key elements necessary to prove a Michigan dog bite claim are:

1. That the defendant owned the dog that attacked.
2. That a bite occurred.

Evidence Necessary to Prove a Michigan Dog Bite Lawsuit
Although sometimes difficult, the dog owner usually can be identified with licensing and vaccination records, as well as the testimony of witnesses.

In most dog bite cases, the fact that the dog actually injured the victim can be established with photographs, medical records, witness statements, or other evidence that the dog caused physical harm.

Statute of Limitations in Dog Bite Cases
The Michigan Dog Bite Law allows you to take legal action against a dog owner for up to 3 years from the date of the incident. However, it is not wise to delay. If you wait, important evidence may disappear or witnesses may forget or move away. You should seek immediate legal help, if you or a loved one was the victim of a dog bite.

In some situations, the dog bite victim has additional time to file a claim. The most common instance is a dog attack injury to a child under the age of 18. As a legal minor, a child bitten by a dog may have until his or her 19th birthday to start formal legal proceedings. However, waiting is usually not in the minor’s best interest. Instead, a parent or legal guardian should get immediate legal assistance and pursue the claim on the child’s behalf.

Value of a Dog Bite Case
Determining the value of a Michigan dog bite claim is a complicated matter. If you were attacked by a dog, you should seek legal help immediately. An experienced Michigan dog bite lawyer can carefully evaluate facts surrounding the dog attack, the physical and emotional harm you suffered, as well as the possibility of long-lasting damage.

Based on all this evidence, your Michigan dog bite attorney can advise you on the potential value of your claim and the best way to proceed.

We applaud Livingston County for a proposed policy that would euthanize pit bull or other “bully breed” dogs caught running loose within four days. The policy is similar to to many across the state, including a policy in Ingham County.

The proposed policy, which will come before the Livingston County Board of Supervisors this coming Monday, would end adoptions at the county-operated animal control shelter of pit bull terriers, American pit bull terriers, American Staffordshire terriers, American bulldogs and mixes.

No doubt, this proposed policy will come under fire from many pit bull lovers who claim that they have seen or own “nice” pit bulls. We do not doubt that this is the case. Many responsible pit bull owners train their dogs to behave safely around other animals and strangers. More importantly, they train their pit bulls to behave safely around children.

Make no mistake, however, that many pit bulls, when left to the responsibility of owners who do not provide this training, can be ticking time bombs waiting to seriously injure or even kill.

As attorneys to whom many turn after vicious dog bites (to adults and, tragically, in a majority of circumstances, to children), we see first hand the predatory behavior of pit bulls.

Hundreds of dog attack victims contact our law firm each year. Pit bulls are involved in a disproportionate number of these attacks. The results are, in many instances, catastrophic.

We urge the Livingston County Board of Supervisors to support this smart public policy to make our community safer.

Humans and dogs have been living together for over 12,000 years. Millions of Americans share their lives and their homes with dogs. These wonderful animals love us unconditionally, protect us, protect our homes, guide the blind, and are our constant companions. Despite all of this we still have misunderstandings that lead to dog bites.

For children, dog bites are frightening and traumatic, and with a little work, most can be prevented. We teach our children about safety for many situations’ from safety rules for crossing the street and traveling in cars to being careful around things that are too hot or sharp. We can also teach them to be safe around dogs. Follow these tips to help your children have a positive relationship with our “best friends”.

First-Teach your children the golden rules:
1. Do not chase or tease a dog.
2. Do not disturb a dog while it’s sleeping, eating, or drinking.
3. Don’t play in the dog’s sleeping area.
4. Don’t play with the dog’s food or water.

Second-Teach your dog the golden rules:
1. Do not jump on people.
2. Don’t bark or paw at people.
3. Do not charge the door when someone comes in.
4. Do not bite, nip, chew, gnaw, or mouth people even in play.

Third-Guidelines for parents and pet owners:
1. Provide your children and your dog with enough exercise and positive social interactions them enjoy each other’s company cope with stressful situations.

2. Don’t allow children to use your dog as a climbing toy. Even with the most patient pet, children should not be allowed to climb on them. It’s a recipe for having their tail pulled, eyes poked, paws injured, etc. A dog bite would be a natural response, so it’s best to avoid it.

3. Small children should always be supervised when interacting with a pet. Dogs and children can be unpredictable; it’s the adult’s responsibility to provide a safe environment and a watchful eye..

4. Keep the dog out of threatening situations. It’s important to be sensitive to the dogs’ needs and fears. If your pet is used to calm or quiet, and children are visiting, playing, running, making noise; watch for signs of nervousness. It may be best to confine your dog to a quiet room or crate during times of too much activity, removing the potential for problems.

5. Know your dog and learn how it communicates using body language. Usually dogs give warning signs before biting. Sometimes the signs are subtle, but they should never be ignored. Here are a few ways to know that it’s time to intervene between a dog and a child:

• The dog turns its head away from a child or gets up and moves away.
• The dog yawns, pants, or licks its lips when the child approaches or interacts with him.
• The dog gives you a pleading look as though asking to be rescued.

6. Know your dog’s limits. Sometimes dogs communicate more directly and may be warning that it’s ready to bite by growling, showing its teeth, or raising the fur along its back. To prevent a dog bite or a dog attack immediately intervene by removing any child from this situation and provide a quiet place for your dog.

7. Don’t let play get too rough. Many dogs and children play quite well together and should be allowed to do so. Watch for when the play escalates and gets too rough or too excited. A dog bite or scratch may occur accidentally when playing gets too rough.

For children, dog bites are frightening and traumatic, and with a little work, most can be prevented. These rules and guidelines establish boundaries of respect between children and dogs, and pave the way for successful relationships.

If you or a loved one have been seriously injured in a dog, talk with an experienced Michigan dog bite injury lawyer.

The most recent comprehensive study of dog attack injuries revealed that dogs bite approximately 4.7 million Americans every year. Of these, about 800,000 dog bite victims require medical attention. Tragically, almost half of all dog bite victims are children.

A dog bite can be a traumatic event that results in serious injury. Vicious dog attacks cause numerous deaths every year. Often a bite will result in permanent scarring, nerve damage, and a significant risk of infection. Many times, there is psychological harm that lasts well beyond the physical injury.

There are several ways to help reduce the risk of a dog bite:

• If confronted by a dog trying to sniff you, stand still, do not try to run away. Most dogs will move away after determining that you are not a

• If you feel threatened by a dog, do not run. A dog’s instinct may be to give chase. Stay calm. If you speak, talk in a firm voice without screaming.

• Never interfere with a dog that is caring for its puppies.

• Never startle a dog by waking it up or throwing an object in its direction.

• Do not disturb a dog while it is eating or drinking.

• Be very mindful of your children around all dogs, including family pets. Most dog bites occur to children.

• If you think a dog may attack, remain motionless with hands at your sides. Once the dog loses interest in you, slowly back away until the dog is out of sight.

• If the dog does attack, "feed" the dog your jacket, purse, bicycle, or anything that you can put between yourself and the dog.

• If you fall or are knocked to the ground, curl into a ball with your hands over your ears and remain motionless. Do not scream or roll around.

Despite the best prevention, bites can occur. If a dog attacks you or your child, seek emergency medical attention immediately.

If you are bitten or attacked by a dog you should:

• Immediately wash the wound thoroughly with soap and warm water.

• Contact your physician for additional care and advice. If you are in immediate medical distress, call an ambulance or go to the emergency room immediately.

• Report the attack to your local animal control agency. Tell the animal control officer everything you know about the dog, including name and address of the dog’s owner.

• If the dog is a stray, you still should make a report to your local animal control agency. Tell the animal control officer what the dog looked like, where you saw it, whether you saw it before, and the direction it went after the incident.

• Contact a dog bite lawyer to determine your legal rights as a dog bite victim. Determining the value of a dog bite claim is a complicated matter. Before an attorney can engage in serious negotiations regarding settlement, it is important to assess the degree of long lasting damage. It may strengthen a claim to wait for a few months to determine the extent of any permanent scarring. An experienced attorney can advise you on the best way to proceed.

We want to welcome you to our Michigan Dog Attack Injury Legal Help Center Blog, which discusses important issues related to Michigan dog attack injuries.

After many years of representing Michigan dog bite injury victims, we know the impact that a dog attack can have on a victim’s life. Frequently, a dog bite injury can limit the victim’s ability to work or go to school. The injured person may need emergency medical treatment, painful inoculations to prevent tetanus or rabies, or even plastic surgery.

Despite medical treatment for the dog attack wounds, the victim may be left with permanent scars and lasting emotional damage.

Since 1968, our Michigan law firm, the Law Offices of Samuel I. Bernstein, has worked to protect the legal rights of Michigan dog attack victims. We have the experience and the commitment to help our Michigan dog attack injury clients and their families get through tough times, and obtain the compensation they deserve in their Michigan dog bite claims.

This Michigan Dog Attack Injury Legal Help Center Blog is another way for us to help share our point of view on Michigan dog bite related issues. We hope you find it thoughtful and helpful.