Premises liability laws hold property owners responsible for maintaining a safe environment for visitors.
Michigan follows a strict liability law for dog bites under Michigan Compiled Laws Section 287.351. This means that dog owners are automatically responsible for injuries caused by their dog, regardless of whether they were negligent or if the dog had no prior history of aggression. However, exceptions apply if the victim was trespassing, provoking the dog, or engaged in illegal activity.
What Is Premises Liability in Dog Bite Cases?
Understanding How Premises Liability Applies to Dog Bite Claims
Premises liability refers to a property owner’s legal responsibility for injuries occurring on their property due to unsafe conditions.
While Michigan’s strict liability law applies to dog owners, property owners or landlords may be held liable under negligence if they knew of the dog’s dangerous behavior and failed to take reasonable precautions.
This includes not enforcing leash policies, failing to address complaints about the dog, or allowing aggressive dogs in common areas without supervision.
Examples of premises liability in dog bite cases include:
- Negligence in Common Areas: If a property owner allows dogs in common areas of an apartment complex or other shared spaces without adequate precautions, they could be responsible for any resulting injuries.
- Failure to Warn About a Dangerous Dog: If a property owner knew a dog had aggressive tendencies and failed to warn visitors, they may be held liable.
- Violation of Local Laws: Property owners who fail to comply with leash laws or animal control regulations may be liable if a dog bites someone.
How to Prove Premises Liability in a Dog Bite Case
Establishing the Property Owner’s Responsibility
While the dog owner is primarily liable under Michigan’s strict liability law, property owners or landlords may be held responsible if they knew of the dog’s aggressive tendencies and failed to address the risk.
While Michigan’s strict liability statute focuses on the dog owner, landlords or property owners could still be held responsible if they failed to address known risks associated with the dog.
This requires proving:
- The Property Owner’s Duty of Care: The property owner had a duty to maintain a safe environment for lawful visitors and knew or should have known about the dangerous dog.
- Breach of Duty: The property owner’s failure to act, such as not addressing a dangerous dog, is a breach of this duty.
- Injury Caused by Negligence: The property owner’s negligence directly contributed to the injury.
Our legal team will gather the necessary evidence to prove the property owner’s negligence, including witness statements, local law violations, and medical records of your injuries.
Types of Premises Where Dog Bite Cases May Occur
Common Locations for Dog Bite Incidents
Types of Premises Where Dog Bite Cases May Occur
Dog bites can happen in a variety of locations, and premises liability laws may apply in any of the following situations:
- Commercial Properties: Businesses that allow pets on their premises may be liable if a dog bites a customer or visitor and the business failed to take appropriate precautions.
- Private Residences: If a homeowner allows a dangerous dog to roam freely or does not properly restrain their pet, they could be liable for injuries caused by the dog.
- Rental Properties: While dog owners are usually responsible for their dog’s behavior, landlords may share liability if they knew of a dog’s aggressive behavior and failed to address the risk.
- Common Areas in Apartment Complexes: Landlords or property managers may be liable if they allow dangerous dogs in common areas without proper control, particularly if they were aware of the dog’s aggressive history.
How We Can Help You Pursue a Premises Liability Claim
Our Team Will Hold Negligent Property Owners Accountable
We are committed to helping dog bite victims navigate the complexities of premises liability law. We will investigate the circumstances of your case and build a strong claim to ensure you receive the compensation you deserve. Here’s how we can help:
- Investigate Property Conditions: We will conduct a thorough investigation of the property where the attack occurred, identifying any negligent actions taken by the property owner.
- Gather Evidence of Negligence: Our team will collect evidence, including witness statements, property records, and any violations of local animal control laws or premises safety regulations.
- Negotiate with Insurance Companies: We will handle all communications with the property owner’s insurance company, ensuring that you receive a fair settlement that covers your medical expenses, lost wages, and pain and suffering.
- Prepare for Litigation if Necessary: If the insurance company refuses to offer a fair settlement, we are prepared to take your case to court and fight for your rights.
You don’t have to handle a premises liability claim alone. Our experienced legal team will guide you through the process and work tirelessly to secure the compensation you deserve.
Signs You May Have a Premises Liability Claim
How to Know if You’re Eligible to File a Premises Liability Claim
- You Were Lawfully on the Property: If you were invited or had a legitimate reason to be on the property, such as a guest, worker, or service provider, you may have a premises liability claim.
- The Property Owner Failed to Control the Dog: If the property owner failed to restrain their dog or allowed the dog to roam freely, this could indicate negligence.
- The Dog Had a History of Aggression: If the property owner knew the dog had a history of aggressive behavior but did nothing to warn visitors or control the dog, they may be liable.
- The Property Owner Violated Local Laws: If the property owner violated leash laws, animal control ordinances, or property safety regulations, this could strengthen your premises liability claim.
If any of these factors apply to your situation, contact us to discuss the details of your case and determine your legal options.
Frequently Asked Questions
FAQs About Premises Liability in Dog Bite Cases
Can both the dog owner and the property owner be held liable?
Yes, both the dog owner and the property owner can be held liable. Michigan’s strict liability laws make dog owners primarily responsible for their dog’s actions, but property owners may share liability if they were aware of the dog’s dangerous behavior and failed to act.
What if the dog bite happened in a common area of an apartment complex?
If you were bitten in a common area of an apartment complex, such as a hallway or courtyard, the landlord or property owner may be liable if they knew the dog posed a danger and failed to take reasonable precautions.
How long do I have to file a premises liability claim for a dog bite?
In Michigan, you have two years from the date of injury to file a premises liability claim, which is the same time frame for all personal injury claims, including dog bites.