Dogs and humans have lived together as companions and co-workers for thousands of years, yes thousands. Dogs are amazing, wonderful, and loving. They work for us by protecting our homes, rescuing us in disasters, finding lost people, pulling sleds, leading the blind, comforting the sick, herding our livestock, sniffing out drugs and bombs, detecting disease, and so much more. They are our companions in our homes, and in our hearts.

So why then are so many people bitten by dogs? There are many reasons, but some of the more common ones are:

• A dog is sick or injured and wants to be left alone, the same way many of us would like to be when we do not feel well.
• Some dogs are possessive of their food or toys, bones or even their people.
• Dogs like to protect their people, their house, even their bed.
• A dog will also bite when it is afraid, or startled.

The best way to avoid a dog bite injury is to teach everyone in your family how to communicate with and respect all dogs. Let’s review what parents can teach their children.

1. Do not bother dogs when they are sleeping, eating, drinking, chewing toys/bones, or caring for puppies.
2. Do not hug and kiss dogs. Most dogs do not like this and it accounts for many facial dog bite injuries.
3. Never play rough or pretend attack games, the dog will not be able to tell the difference between play and the real thing.
4. Do not leave children unattended with a dog.
5. Never approach a strange dog, even one on a leash, without asking the handler if it’s okay. When you do ask, respect the response, not all dogs are friendly or interact well with children.
6. Teach your child to stand perfectly still with hands by their side when they are approached by a strange dog.
7. The child should stand still, like a tree.

Don’t allow your children to pet a dog through a fence, a car window or a crate.

Even dogs who love children and will often put up with them climbing all over them need time alone and away for kids. As parents and protectors of both the children and the dogs, it’s your job to watch for signs when dogs are saying they have had enough. If you see these signs, remove the dog immediately from the stressful situation to avoid dog bite attacks.

• If the dogs turns its head away from the child, looks at you with a pleading look of “help me”, or gets up and walks away, they need time alone.
• If a dogs starts to yawn, lick their chops, or scratch and bite themselves when children get close, they need to be alone. You should remove them from the situation.

Remember dogs don’t bite for no reason. If they are trying to tell you they have had enough, pay attention. It’s the best way to prevent a dog bite injury.

Farmington Hills, MI – A woman from Portage, Michigan faces criminal charges, after her two unattended pit bulls recently attacked both an Australian shepherd and its owner. The local prosecutor charged the woman with multiple misdemeanor offenses, including two counts of having animals running at large, two counts of a dog biting a person, and two counts of destruction of property.

The accused maintained that she was not present at the time of the attack, and that an unknown person released the pit bulls from her fenced yard, enabling their escape and the attack. She acknowledged that one of her dogs became ‘animal aggressive’ after another dog attack nearly six years ago.

Meanwhile, the dog attack victim is recovering from bites on both hands. Regardless of the outcome of the criminal prosecution, the victim could file a civil lawsuit, pursuant to the Michigan Dog Bite Statute, MCL 287.351, to recover damages for injuries to herself and her dog. This law provides that the owner of a dog is liable for any damages suffered by the person who was attacked.

According to the Michigan Dog Bite Statute, the victim may recover for her injuries, whether or not the dog had a history of viciousness or the owner had knowledge of the dog’s propensity to attack.

The Michigan dog bite law is considered a ‘strict liability’ statute. In other words, Michigan dog bite law makes a Michigan dog owner responsible for any physical injury that the dog causes to the Michigan dog bite victim.

The Michigan Dog Bite Statute, MCL 287.351, specifically 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.

A comprehensive national 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.

Each year, 1.8% of the U.S. population is bitten by a dog. One out of every six of the dog bite victims has to seek medical care because of an attack. Tragically, almost half of all dog bite victims are children.

“If you or a loved one suffered a serious injury as a result of a Michigan dog bite, it’s important to know and protect your legal rights,” says Michigan dog bite lawyer Mark Bernstein. “Michigan dog bites cases are different from other states because Michigan does not allow one ‘free bite’. Dog owners are responsible even if they were unaware of the incident or their dog had never bitten before.”

Mark Bernstein and the Michigan dog bite attorneys at the Sam Bernstein Law Firm have been protecting the rights of dog bite victims since 1968.

The fact is that any dog may bite if it feels threatened. Most dog bite victims are children. Therefore, never leave infants or young children alone with a dog.

Education about dog safety is the key to helping your child avoid becoming a dog bite victim. The following are important guidelines to teach your child:

• Don’t go near strange dogs.
• Never bother a dog that is eating, sleeping or caring for puppies.
• Tell an adult about any stray dogs.
• Always have an adult with you when you play with a dog.
• Never tease a dog.
• Never pet a dog before allowing it to smell you.

If a dog approaches, advise your child:
• Don’t run away and scream.
• Stand very still, “like a tree.”
• Avoid making direct eye contact with the dog.
• If you fall or are knocked down, act “like a log.”
• When the dog understands that you are not a threat, it will probably walk away.
• If a dog bites you, tell an adult right away.

If you have children, and are considering purchasing a dog:
• Take time to learn about dog breed that you want, by talking with a veterinarian, reading books about dogs, or searching the internet.
• Don’t get a dog only because of the way it looks.
• If you have an infant or young child, think about getting a puppy. Extra precaution is needed when you have a newborn in your home.
• Aggressive dog breeds are not recommended for families with children.
• Neutered male dogs are generally less aggressive.

A dog is a wonderful addition to a family, but it can be a problem if you aren’t careful. Always talk to children about how to act when they’re with a dog. Remember that dogs can feel threatened by new surroundings or strangers.

At the Bernstein Law Firm, we try to help educate people about ways to avoid dog bites. However, if you or a loved one was injured in a dog attack, your need to protect your legal rights. Contact our dedicated dog attack injury attorneys, to get a free, confidential legal consultation about your potential dog attack injury claim now.

A survey by the national Centers for Disease Control and Prevention concluded that 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 368,000 victims to hospital emergency departments per year (1,008 per day). Getting bitten by a dog is the fifth most frequent cause of visits to emergency rooms caused by activities common among children.

In 2007, there were 33 fatal dog maulings in the USA. The number of fatal dog attacks in the USA has increase drastically through the years. The yearly average was 17 in the 1980s and 1990s.

Merritt Clifton, editor of Animal People, has conducted an unusually detailed study of dog bites from 1982 to the present. The Clifton study shows the number of serious canine-inflicted injuries by breed. According to the Clifton study, pit bulls, Rottweilers, Presa Canarios and their mixes are responsible for 74% of attacks that were included in the study, 68% of the attacks upon children, 82% of the attacks upon adults, 65% of the deaths, and 68% of the maimings. In more than two-thirds of the cases included in the study, the life-threatening or fatal attack was apparently the first known dangerous behavior by the animal in question.

Half a dozen cities in the Metro Detroit area are exploring and enacting laws to tighten the leash on owners of “bully breeds” and dogs that are described as dangerous. This movement to have laws specific to the type of dog has added to an ongoing battle between law makers and animal advocates who believe that bully breed dogs are unfairly labeled as vicious attackers associated with crime.

Dog bites are often the result of negligent owners no matter what the dog breed. Potential victims can only try to avoid being in the wrong place at the wrong time. But if a pit bull leaps over a fence and attacks your small dog, what can you do to stop it? Here are some helpful tips:

Always remember:

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.

- Mark Bernstein

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.