Michigan is a very strict state when it comes to dog bite laws. This is because the state has an “one bite” rule and strict liability, which means that the dog owner is liable for any damages caused by its dog. This law has been adopted by most other states. While the one bite rule used to be enforced in all states, many consider it outdated. They argue that a dog owner cannot be held responsible for damages caused by a dog if the dog only bites one person.
Michigan’s one-bite rule
The “one-bite” Michigan dog bite laws are a mixed bag. It blends strict liability and a one-bite rule to ensure that dog owners only face liability if their dogs bite another person once. Moreover, victims must prove that the dog’s owners had prior knowledge of its vicious tendencies in order to receive compensation.
While it may sound convenient to enact, the “one-bite” rule is not as effective as you might think. For example, the ‘one bite rule’ doesn’t protect the dog’s owner if it is its first bite. The law states that a dog owner can only be held responsible for damages caused by its dog if the dog causes physical harm. This rule is outdated, and most states have adopted strict liability.
Strict liability
Strict liability for dog bites occurs when the owner of the dog is responsible for a person’s injuries. A court will look at the circumstances to determine whether the dog owner is liable. A strict liability dog bite claim will require that the dog owner pay the damages that the person suffers. This means that the owner is liable for all medical costs and damages to the person bitten and any property or livestock that is damaged as a result.
Strict liability for dog bites is often applicable when a dog owner is aware of a dog’s vicious behavior. However, the owner may still not be liable if the dog did not know the person before it pounced on him or her. In such a case, it may be difficult to prove that the owner had any prior knowledge of the attack or that the dog had been aggressive.
Defenses
The most common dog bite defense is the provocation defense. This defense claims that the victim provoked the dog to bite him or her. However, the victim may not remember exactly what caused the dog to attack. A provocation defense claim may include yelling or touching the dog in a threatening manner. It could also include removing food from the dog or trying to take the puppy.
Another dog bite defense is the trespass defense. This defense is applicable when the victim was trespassing on the owner’s property. In such cases, the victim must have a legal right to be in the area where the attack occurred.
Costs
Dog bite laws can help you get compensation for injuries sustained due to a dog’s bite. However, many victims are reluctant to seek legal representation because they are worried about the costs involved. This should not be a concern, as most reputable dog bite lawyers work on a contingency basis, which means that their fee is based on a percentage of the compensation awarded.
In some cases, liability claims resulting from dog bites can be reduced significantly by shared fault rules. For example, in Ohio, where a dog bite law is mandatory, dog owners must carry at least a $100,000 liability insurance policy to protect themselves from claims.