THE CANINE EXPLOSION
Look around. Our little pets are everywhere! Recent statistics report over 60 million dogs (and counting) in the United States alone! 1. They sit in our cars, run in our yards and even sleep in our beds. Disney has made billions off of them at the movies. We love dogs more than our cable TV's and channel changers put together. Like it or not, Lassie has finally come home.
Unfortunately, (and more often than we'd like to admit) sometimes the feeling isn't mutual. The alleged "Man's Best Friend" snaps back .The Result? "Ouch" Although rarely fatal, the consequences can still be devastating, especially for children. Therefore, it is well worth the time to understand your legal rights and to realize that an "ounce of prevention is worth a pound of cure."
ONCE BITTEN TWICE SHY
The early common law rule held that owners were liable for dog bites, only if they were somehow negligent. An important factor in determining fault, would be whether the dog had ever bitten anyone before. If the owner knew that the dog was dangerous, his or her duty of due care would increase.
THE LAW AND THE THREE T'S
Things changed significantly with the enactment of what is commonly called the DOG BITE STATUTE.
Here it states, "If a dog bites a person without provocation, while that 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 or the owner's knowledge of such viciousness. MCLA 287.352(1), MSA 12.544(1). This makes the owner liable for an injury, even if the dog had never bitten anyone before and even if the owner is not at fault.2. However, there are specific exceptions to this rule that should be understood. I call them the three T's.
TRESPASSERS
The statute states that the victim must be "lawfully on the premises." In other words, Fido can still protect his master's property against unlawful intruders. Trespassers are excluded. Thus, if you get bitten by a junkyard dog after you jump the fence to take a short-cut, you are going to have a hard time recovering damages under this statute.
TEASERS
"Provocation" is clearly a defense under the Dog Bite Act. This means if you tease or otherwise provoke a dog, you do so at your own risk. This limitation is especially important when children are involved.
Many times kids unknowingly bring out the worst in a dog by roughhousing with them. Children often think of dogs as giant Teddy bears, rather than potentially dangerous animals. They will fearlessly pull a dog's ears or gouge its eyes, until it's too late. Out of the blue, a heretofore "docile pet" will suddenly retaliate, to the surprise of everyone (especially the owner). Needless to say, I'm always nervous when I am out at a social gathering and I see a child wrestling with a strange dog. I've seen the gruesome results. Not only could the child get seriously hut, they may be left out in the cold, in terms of potential compensation.
TEETH
Under the stature, a dog also has to "bite" someone. For example, I am currently working on a case where an older woman, babysitting at a home, was tripped by a dog that was lunging at a door when the owners were returning. She was seriously injured in the fall (several broken bones). No liability can be found under the statue, because she wasn't bitten. I had another case, where a senior citizen client was severely traumatized when he was cornered by a vicious attack dog for several minutes. Even if he had had a heart attack, he can't recover under the statute because he wasn't bitten. He or she will have to sue under ordinary negligence theories. This is a more difficult case to prove.
NO BONES ABOUT IT
However, liability is only one element of the claim. Among other thins, an injured party must also prove damages. Once you have been bitten, the question becomes, "What are your losses?" Most dog bite injuries are cosmetic in nature. They usually don't involve extended hospitalization or rehabilitation like injuries causing broken bones or ruptured disks. Consequently, medical bills are usually lower than other kinds of injury claims. It's also very rare that physical disfigurement will cause substantial wage loss. (Unless, of course, you are an actor or a model) Consequently, case specials (out of pocket costs) are generally low in dog bit cases. However, cosmetic injury can still involve substantial emotional trauma, pain and permanent scarring. Injuries that can last for a lifetime. As a result, a dog bite case can still draw high verdicts; especially when children are involved.
BITING THE HAND THAT FEEDS
The other important aspect of dog bite statue is that it is generally ineffective for immediate family members bitten by family owned dogs. Under the statue, you have to bring a claim against the of a dog.3l. In families, exact ownership is often difficult to determine. You also may end up taking money out of your own pocket, since most homeowners insurance do not cover tort claims involving immediate family members.
CONCLUSION
Like it or not, dog bite claims are here to stay in Michigan. In fact, as the dog population continues to grow, things could get worse before they get better. Therefore, we must all learn to respect dogs for what they are: domesticated pack animals and hunters that clearly have certain vicious propensities that owner (and victims) may never see, until it's too late. Bottom line, an ounce of prevention is worth a pound of cure. I we all use common sense, we can keep this growing dog bite problem on a short leash.
- Statistics from the American Humane Association. It does not include unlicensed stray dogs.
- "Strict liability" is not entirely accurate. There is still defense issues (such as "provocation") as further discussed.
- Owners are either the registered owners or one who represents himself as an owner.