Video: Michigan dog bite attorney Mark Bernstein talks about the legal rights of Michigan dog attack injury victims.

Legal Elements of a Michigan Dog Bite Claim

The two key elements necessary to prove a Michigan dog bite claim are:

1. That the defendant was the owner of the dog that attack, and
2. That a dog bite occurred

Although sometimes difficult, the Michigan dog owner usually can be identified with licensing and vaccination records, as well as the testimony of witnesses.  In most Michigan dog bite cases, the second element can be established with photographs, medical records, witness statements or other evidence that the dog caused substantial physical harm.

Many people believe that "every dog is allowed one bite.”  Under Michigan law, this is simply not true.  A dog’s “good behavior” before an attack does not shield the dog owner from responsibility.

Provocation Defense Rarely Shields Michigan Dog Owners

One of the frequently asserted defenses is provocation. Even in Michigan, it is common for an insurance company to assert that a child in some manner "provoked" the dog and is actually responsible for a resulting Michigan dog bite injury.  However, this assertion is almost always incorrect. 

Michigan Statute of Limitations for Michigan Dog Bite Cases

The Michigan dog bite law allows a Michigan dog bite victim to take legal action against a Michigan dog owner for up to 3 years from the date of the Michigan dog attack.  Nevertheless, it is not wise to delay.  Instead, seek immediate legal help, if you or a loved one was the victim of a dog bite in Michigan.

In some situations, a Michigan dog bite victim has additional time to file a claim.  The most common example is a child under the age of 18.  As a legal minor, a child bitten by a dog has until his or her 19th birthday to start formal legal proceedings in a Michigan dog attack case.

However, waiting is not in the child’s best interest.  A parent or legal guardian should get immediate legal assistance, to pursue the Michigan dog bite claim on the child’s behalf. 

Value of a Michigan Dog Bite Case

Determining the value of a Michigan dog bite claim is a complicated matter.  Before an attorney can engage in serious negotiations regarding settlement of a Michigan dog attack injury claim, it is important to assess the degree of long lasting damage.  In some situations, it may strengthen the Michigan dog bite case to wait for a few months to determine the extent of any permanent scarring.  An experienced Michigan dog bite attorney can advise you on the best way to proceed.