Michigan law puts responsibility where it belongs, on the owner, not the victim.
A dog bite changes things fast. One moment everything is normal. The next you’re dealing with a deep wound, potential infection, scarring, and the kind of fear response that doesn’t go away when the stitches come out. Children are bitten most often, and the injuries they sustain, on their faces, their hands, their arms, can be permanent. Michigan’s dog bite law is one of the strongest in the country from a victim’s perspective. There is no “one free bite.” There is no “he’s never done this before.” There is strict liability,” meaning if the dog bit you, and you were where you had a right to be, the owner is responsible. Scott Reizen knows how homeowner’s insurers fight these claims. He knows because he defended them.
What Michigan Law Says About Dog Bites
MCL 287.351 is the controlling statute, and it’s written plainly: the owner of a dog is liable for a bite injury if the victim was in a public place or was lawfully on private property at the time of the bite and did not provoke the dog. That’s it. Three elements, and all three favor victims.
No prior history required. Unlike the common law “one bite rule” that some states still follow, Michigan does not require proof that the dog had previously bitten someone or displayed vicious tendencies. The first bite triggers full liability. The owner cannot escape responsibility by saying the dog was gentle, well-trained, or had never acted aggressively before. None of that matters.
Lawfully present. You are lawfully on private property if you were invited there, a guest at someone’s home, a mail carrier, a delivery driver, a contractor, a child who was playing in a neighbor’s yard with permission. You are in a public place if the bite happened on a sidewalk, in a park, or anywhere the public is permitted to be.
Provocation. The main defense is that the victim provoked the dog. But provocation in the legal sense is a high bar, it typically requires deliberate physical acts that would cause a reasonable dog to respond defensively. Accidentally stepping near a dog, making eye contact, or reaching out to pet it usually does not meet the standard. Courts have been particularly skeptical of provocation defenses involving young children, recognizing that small children don’t understand how to interact with animals.
The statute of limitations for dog bite claims is three years under MCL 600.5805.
How Dog Bite Cases Work in Michigan
In the vast majority of dog bite cases, the defendant is a homeowner or renter, and the real party paying is an insurance company. Homeowner’s insurance and renter’s insurance typically include personal liability coverage that pays dog bite claims. Umbrella policies may provide additional layers of coverage.
Insurers know Michigan’s statute is tough, so their strategies shift toward two things: minimizing damages and maximizing the provocation argument. Adjusters will contact you quickly after a bite, sometimes within days. They want a recorded statement. They want to characterize the incident as minor. They want to frame your behavior around the dog as provocation before you’ve had a chance to speak with an attorney.
Don’t give that statement. What you say in those first days, before you know the full extent of your injuries, shapes how the claim is valued.
Dog bite damages can be substantial. Beyond the immediate medical treatment, wound care, surgery, reconstructive procedures, there’s the question of scarring. Visible scarring on the face, neck, or hands carries significant noneconomic value, particularly for children. Psychological injury is real and compensable: phobias, PTSD, sleep disturbance, and anxiety about being in public places are documented consequences of serious dog attacks. Lost wages and future medical costs round out the economic picture.
What The Reizen Law Group Does Differently
Scott defended dog bite claims for insurers before he switched sides to plaintiff’s work. He knows how adjusters evaluate these files, what settlement authority looks like at different stages, and what kind of expert evidence, plastic surgeons, psychological evaluators, life care planners, changes the calculus on a serious bite case.
He also knows the games that get played around the provocation defense. Insurers will find witnesses willing to say the victim was “rough-housing” with the dog. They’ll pull photos from social media. They’ll argue that prior friendly interactions with the dog prove the victim knew it could be excitable. Scott has seen every version of this. He knows how to take it apart.
For children especially, these cases deserve full attention. A scar on a six-year-old’s face isn’t just a medical issue, it’s a lifelong reality. The value of that harm, properly presented, is real. Insurers know this too, which is why they work quickly to close these cases before families understand what the claim is actually worth.
Common Injuries and Scenarios in Dog Bite Cases
- Facial lacerations and scarring:the most common injury in children; often requiring reconstructive surgery
- Hand and arm wounds: defensive injuries from raising arms to protect the face
- Deep puncture wounds: risk of infection, nerve damage, tendon damage
- Infection and secondary complications: including Pasteurella, staph, and in rare cases rabies exposure
- Psychological injury: PTSD, phobias, anxiety disorders; especially pronounced in children
- Falls and secondary injuries: knockdown injuries when a large dog lunges even without biting
- Delivery workers and postal carriers: frequently attacked while performing their duties on private property; they are lawfully present and fully protected under MCL 287.351
- Neighborhood children: playing in a yard, approaching a fence, interacting with a neighbor’s dog
Frequently Asked Questions
The owner told me the dog has never bitten anyone before. Does that matter?
No. Michigan’s dog bite statute at MCL 287.351 imposes strict liability regardless of the dog’s prior history. You do not need to prove the dog was known to be vicious. The first bite is enough to establish liability. The “no prior incidents” argument is irrelevant under Michigan law.
My child was bitten but may have been playing roughly with the dog. Does provocation kill the claim?
Not automatically, and in cases involving young children, courts are appropriately skeptical of provocation defenses. Legal provocation requires deliberate conduct that would cause a reasonable dog to respond defensively. Typical child behavior , running, laughing, reaching toward a dog rarely meets that standard. This is a fact-specific question that warrants a detailed conversation.
The dog owner has no homeowner’s insurance. Can I still recover?
It’s more difficult but not impossible. The owner is personally liable under MCL 287.351 regardless of insurance. Collecting on a judgment against an uninsured individual is a separate challenge. Before assuming there’s no insurance, it’s worth investigating, renter’s insurance, a parents’ homeowner’s policy, or an umbrella policy may cover the situation. Scott will help you identify all potential sources of recovery.
What if the bite happened on public property, like a park or a sidewalk?
Michigan’s statute expressly covers bites in public places. You were lawfully present, you didn’t provoke the dog, the owner is liable. Public property bites are clean cases under MCL 287.351.
How are dog bite damages calculated?
Economic damages include all medical expenses, emergency care, surgery, follow-up treatment, reconstructive procedures, therapy for psychological injury, plus lost wages. Noneconomic damages cover pain and suffering, permanent scarring, disfigurement, and psychological harm. Michigan does not cap noneconomic damages in dog bite cases. Scarring cases, especially on visible areas of the body and especially for children, often have substantial noneconomic value.
How quickly do I need to act?
The statute of limitations is three years, but you should act far sooner than that. The insurer is already building its file. Medical records need to be gathered. The facts of the incident need to be documented while memories are fresh. The sooner Scott can evaluate the case, the better positioned you’ll be.
Talk to Scott
If you or your child was bitten by a dog in Michigan, the law is on your side but the insurance company is already working the case. Scott Reizen knows how insurers defend these claims. Call (248) 554-3440 for a free consultation. No fee unless we win, and there’s no obligation to the call.