The only defense the dog owner can assert is provocation. If you were bitten after you provoked the dog, then you may be barred from recovery. Provocation does not have to be done intentionally; instead, it can be done accidentally. In other words, you do not have to intend to anger the dog. If your act would have caused a regular dog to bite, then it could be considered provocation under Michigan law, barring your claim.

For example, in Brans v Extrom, 266 Mich App 216; 701 NW2d 163 (2005) the plaintiff accidentally stepped on the dog’s tail, causing the dog to bite the plaintiff’s leg. A jury found this to be adequate provocation. The Court of Appeals denied the dog owner a new trial by holding that the plaintiff’s intent was immaterial.

The law is straightforward and sets out a strict liability standard. This means that when the owner’s dog bites someone else when that person is lawfully in a public place or on the dog owner’s land, then the dog owner is liable for any injuries or damages related to the dog bite. The strict liability law holds dog owners to a higher standard of responsibility as a matter of law because of the potential for significant injury that exists when a dog bites a person.

In Michigan, the dog bite statute does not do away with the common law rules. Under Michigan common law, the dog owner can be liable if he or she knows (or has reason to know) that the dog can be dangerous. This dog owner will then be liable if the injury occurred because the dog owner was careless by not putting a leash on the dog, failed to adequately supervise the dog, or did not use a proper sign to warn of the dangerous dog.