Liability
Dog bite liability laws differ from state to state. Many states have a strict liability law that holds the owner liable without fault. This means that if a dog owner keeps the animal after discovering that the dog has the tendency to attack people, the owner is held liable for any subsequent attack. In these cases, provided that the dog was not provoked, all that must be proven is that the dog attacked. Pictures, as well as medical records should be provided to an attorney.

Other states hold dog owners liable on a case-by-case basis. This means that the court will determine if the owner had prior knowledge of the animal's aggressive tendencies. Liability will be assigned based on evidence presented to the court. In these cases, knowledge of the dog's past behavior is important. When investigating a dog bite incident it is also important to:

  • Talk to neighbors
  • Talk to the dog's veterinarian
  • Obtain a copy of the dog's medical history
  • Investigate the scene
  • Obtain obedience school records
  • Obtain Animal Control records
  • Obtain police reports

Remember to keep local leash laws in mind. In areas with leash laws, if a dog attacks while not on a leash you will have a very strong case against the owner.

Dog Bites: An epidemic

Dog bites have become epidemic in the United States. Unfortunately, many bites involve children. The law protects those bitten by dogs, allowing victims possible compensation for their injuries.

According to the Centers for Disease Control and Prevention:


  • Dogs bite nearly 2% of the U.S. population -- more than 4.7 million people annually.

  • Almost 800,000 bites per year -- one out of every 6 -- are serious enough to require medical attention.

  • Dog bites send nearly 334,000 victims to hospital emergency departments per year (914 per day).

  • Bites to children represent more than 50 percent of the total number cases. 26% of child-victims -- compared with 12% of the adults -- require medical care.

  • Every year 2,851 letter carriers are bitten. (US Postal Service.) An American has a one in 50 chance of being bitten by a dog each year.

  • In the U.S. from 1979 to 1996, 304 people in the U.S died from dog attacks.
  • The average number of deaths per year is 17.

  • Most of the deceased were children.

  • The odds that it will be a child are 7 out of 10.

  • Dog bites are on the rise: Although the number of dogs in the United States increased by only 2% between 1986 and 1996, the number of dog bite injuries requiring medical treatment rose by 37%.

  • The scene of attack is home or a familiar place. The majority of dog attacks (61%) happen at home or in a familiar place.

  • Dogs bite family and friends. The vast majority of biting dogs (77%) belong to the victim's family or a friend.
  Your Rights If You Are Attacked

Under Michigan law, people who are the victims of unprovoked dog bites while in a public place or lawfully on the premises where the attack occurs are almost always able to establish liability on the part of the dog owner. It doesn't matter if the dog has never bitten another person -- there is no "free bite rule" in Michigan, and dog owners can be liable the very first time their dog bites somebody.

People may be injured by dogs without being bitten. For example, dogs can cause injury with their claws, can knock people ove, and can upset bicycles. If injured, these people may also have the right to recover damages from a dog owner.

If you or your child are bitten by a dog:

• Try to identify the dog. If the dog may have rabies, it is important to receive appropriate vaccines.

• Don't argue with the dog owner. Many dog owners simply won't believe that their dog would bite at all, or if not severely provoked. Arguing doesn't do any good.

• Don't sign papers or make recorded statements. It is possible that the dog owner, property owner, or their insurance company will try to get you to make a statement, in writing or on tape, about what happened. Their goal is probably to get you to make statements which help them avoid their liability for your injuries. If they approach you, you should consider having a lawyer assist you.

• Make a report of the incident to the police. The police will investigate the circumstances of the dog bite, and will make a report which may help establish what happened.

• Seek medical care. Dog bites can involve puncture wounds from fangs, which can easily become infected. Infection can occur even with scrapes and abrasions. An infected wound can result in a worse scar, and may also cause serious complications and side effects. Also, if you wait to get treatment it may not be possible to suture your wounds, increasing the severity of scarring and possibility complicating your recovery.

• Consider Consulting a Lawyer. A lawyer can help you get the compensation you are entitled to receive for your financial losses as well as for your pain and suffering. Even if an insurance company offers to write you a check, it can help to have a lawyer review the proposed settlement. Insurance companies are notorious for making low settlement offers to unrepresented individuals. An attorney should be able to identify and preserve evidence about the dog attack, to negotiate with the insurance company, to identify any additional people beyond the dog's owner who may also be liable for damages, and to take any additional steps necessary to obtain a fair outcome.

 
 
 
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