Dog Bites /

Attacks

Upper Peninsula Dog

Bite Attorneys

To some people, dogs are known as their “best friends.” To others, they can be dangerous animals capable of inflicting serious injuries or death. Certain dogs may attack not only strangers, but also persons familiar with the animals. A dog bite can cause serious injuries, including puncture wounds, muscle tears and nerve damage. The persons injured are often left with permanent scars, disfigurement and even disabilities. A victim of a dog bite may also suffer serious mental and emotional injuries, including depression, anxiety or even post-traumatic stress disorder (PTSD). According to the American Psychiatric Association, PTSD can develop in someone who is exposed to a traumatic event by direct experience. Symptoms of PTSD may include “recurrent, involuntary, and intrusive distressing memories of the traumatic event” and “recurrent distressing dreams.” A dog bite victim may also suffer “[i]ntense or prolonged psychological distress (triggers) at exposure to internal or external cues.” PTSD may cause a person to avoid situations that remind the person of the dog attack. This could mean the injured person no longer goes to a loved one’s house, for example, if that is where the dog bite occurred. If you or a loved one were injured by a dog bite or dog attack, our Upper Peninsula personal injury attorneys can help you get the compensation you deserve to pay medical bills, lost wages, pain and suffering and other damages. Contact Laydon Law Group, PLLC, the Upper Michigan Injury Lawyers, at (906) 448- 4249, info@upinjurylawyers.com, or click here for a free consultation at any time, including nights and weekends.

Dog Bites Are Not Uncommon

According to the Journal of Trauma and Acute Care Surgery, there are approximately 4.5 million dog bites per year in the United States. The U.S. Census Bureau reported that the United States had a population of around 328.2 million in 2019. This means that approximately 1 in 73 people in this country was a victim of a dog bite. Unfortunately, a dog bite or attack can often mean an expensive trip to the emergency room. The Center for Disease Control has documented that about 1 in 5 dog bite victims requires medical treatment. According to the American Society of Plastic Surgeons, in a recent year, more than 28,000 persons attacked by dogs needed reconstructive surgery. The hospital stays for victims of dog bites also tend to be more expensive than other hospital stays. A study by the Agency for Healthcare Research and Quality showed that hospital stays to treat dog bite injuries averaged around $18,200, which was about 50% higher than the cost for other hospital stays. Sadly, young children are the most likely to be bitten by dogs and to require trips to the emergency room.

What Should I Do if I Have Been

Bitten by a Dog?

While it is important to consult with an experienced Michigan personal injury attorney, there are other important steps to consider, which include: • Get yourself and others to safety. • Evaluate your injuries and the injuries of loved ones or others in the area. • Control any bleeding while you wait for help to arrive. • Call 911 and/or go to the emergency room and/or schedule a visit with your primary care physician. • Report the dog bite or dog attack to a Michigan Animal Control Officer. • Isolate the dog from other animals and people. • Write down the details of the attack, including the location where the dog bite or attack took place; the dog’s breed, color and size; any history of violence by that same dog; details about the dog owner such as name and address; whether the dog was properly leashed and wearing a collar; and whether the dog was licensed. • Take down the names, addresses and phone numbers of witnesses. • Take pictures of the location, the dog and the dog bite injuries as soon as you can do so safely. • Keep the clothes you were wearing when the dog bite occurred, especially if the clothes show signs of the attack. Also, do not wash the clothes. You want to maintain evidence of dirt, grass stains, rips, tears or any other proof of the struggle . • Consult with an Upper Michigan dog bite attorney before you speak with someone from an insurance company.

How Do I Prove the Fault of the Dog

Owner?

Michigan law provides strong protections to dog bite victims. The Michigan dog bite statute can be found at MCL § 287.351. Pursuant to MCL § 287.351, a dog owner is liable for damages to the person bitten if: • The bite occurred on public property; or • The bite occurred while the person bitten was lawfully on private property. If either of the above conditions is met, the dog’s owner is responsible simply because the dog bite happened. It does not matter whether the owner did anything else wrong. However, there is one exception that applies. This is known as the provocation defense. The injured person may not recover damages if he or she provoked the dog. Examples of provocation may include teasing, hitting or kicking the dog or stepping on the dog’s tail. It is important to note that the provocation does not need to be intentional. This means that if a dog bites you because you stepped on its tail, you may not have a case-- even if you stepped on the dog by accident.

What Is Lawful Presence on Private

Property Under Michigan’s Dog Bite Law?

As mentioned, when the dog bite occurs on private property, the person bitten must have been on the property lawfully. Under MCL 287.351, persons who are lawfully on private property for purposes of Michigan’s dog bite law include the following: • Invitees (business customers). • Licensees (social guests). • A person performing a duty pursuant to state law. • A person performing a duty pursuant to federal law or postal regulations. However, trespassers cannot make a claim under Michigan’s dog bite statute.

Examples of Dog Bite Cases Under

Michigan’s Dog Bite Law

Some common examples of dog bites on public property that may fall under Michigan’s dog bite statute, MCL § 287.351, could include the following: • A person bitten in a public park. • A person bitten on a public sidewalk. • A person bitten in a government building. • A person bitten on a public beach. • A person bitten in a public school. • A person bitten on a public roadway. On private property, examples may include: • A social guest bitten at the home of a dog owner. • A person bitten in their own house or apartment by the dog of a guest. • A pizza or other food delivery person bitten while making a delivery. • A postal worker bitten while delivering mail. • A person bitten while lawfully on the property to do business. • A person bitten while lawfully on the property to install internet or cable.

What About Dog Attacks That Don’t

Involve Bites?

Michigan’s strict liability dog bite statute only applies to dog bites. This means that if a dog knocks you over and you are injured, Michigan’s dog bite law found at MCL § 287.351 would not apply. Fortunately, an injured person may still be able to recover damages for a dog attack, in the absence of a bite, under common law theories of liability, including negligence. For example, an injured victim may be able to bring a personal injury lawsuit if they can show that the dog owner knew the dog was dangerous at the time of the attack. This is commonly done by presenting evidence that the dog had previously attacked someone. An injured person may also be awarded damages in a negligence lawsuit if they can establish the dog owner failed to properly control or watch the dog. In more extreme cases, a dog owner may intentionally “sic” his or her dog on another person. This could give rise to a lawsuit for assault and battery.

Is the Dog Owner the Only Person

Who Can Be Sued?

Under Michigan’s strict liability dog bite law, the statute clearly refers to the dog’s owner. However, other common law theories, including negligence, may allow the injured person to bring a lawsuit against a temporary caretaker such as a dog walker or dog sitter.

Who Will Pay My Bills and What

Damages Can I Recover?

Unlike with car or truck accidents, the injured party will not be able to turn to his or her no- fault auto insurer for benefits. However, other sources of potential recovery may include: • A home owner’s policy. • A commercial liability insurance policy. • A renter’s insurance policy. You may be entitled to compensation for the following: • Medical expenses. • Lost income. • Lost earning capacity. • Physical pain and suffering. • Fright and shock. • Mental anguish. • Denial of social enjoyments and pleasures. • Humiliation, embarrassment and mortification. • Disability and disfigurement.

What Deadlines Apply to My

Michigan Dog Bite / Dog Attack

Case?

Michigan has strict deadlines that must be met. If they are not, you may lose your ability to make a claim or bring a lawsuit. The following time limits generally apply: • Under MCL § 600.5805, the injured party has three (3) years from the date of the injury or death to file a lawsuit. • In the extreme dog bite case that involves assault and battery, the injured person may have only (2) years to file a lawsuit. • Note that other deadlines may apply, including when bringing claims against governmental entities.

Have Your Upper Michigan Dog

Bite/Dog Attack Case Evaluated at

No Cost

Our Upper Peninsula personal injury attorneys can help you determine: • Applicable deadlines; • Proper parties to sue; • Available sources of payment; • Legal theories to pursue. We can analyze your case and inform you of your options at no cost. If we do take your case, we only earn a fee if we recover for you. If we are not successful, it costs you nothing. If you or a loved one were bitten or attacked by a dog, contact Laydon Law Group, PLLC, the Upper Michigan Injury Lawyers, at (906) 448- 4249, info@upinjurylawyers.com, or click here for a free consultation.