Michigan Dog Bite Law

How dog bite liability works in Michigan

Michigan has had a dog bite statute since 1939. MCL 287.351 says the owner "shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness"¹. Michigan courts call this "almost absolute liability": the injured person proves a bite, ownership, and that they were on public property or lawfully on private property, and the owner then has to prove provocation^2,5.

Two court decisions set Michigan apart from most strict liability states. Hill v. Sacka, 256 Mich. App. 443 (2003), held that the comparative-fault statutes do not apply to a claim under the dog bite statute, so a jury finding that the bitten boy's father was 75% at fault did not reduce the award⁴. And Brans v. Extrom, 266 Mich. App. 216 (2005), held that an unintentional act can count as provocation, which makes provocation the battleground in most statutory cases³.

The statute stops at bites. A dog that knocks someone down, scratches them or causes a fall is handled under the common law, where the owner is liable only on proof that they knew of a dangerous propensity or were negligent, as the Michigan Supreme Court explained in Trager v. Thor, 445 Mich. 95 (1994)⁷. The statute also binds only owners, not landlords, dog sitters or other keepers^7,8.

For how the neighboring states compare, see Ohio, Indiana and Wisconsin, the national table and the list of strict liability states.

The Michigan dog bite statute

If a dog bites a person without provocation while the person is on public property or lawfully on private property, including the owner's, the owner is liable for any damages, whatever the dog's history or the owner's knowledge¹. A person is lawfully on the owner's property if performing a duty under state or federal law or postal regulations, or present as an invitee or licensee of the person in possession, unless they entered to commit an unlawful or criminal act¹. Courts read it as near-absolute liability limited only by provocation^2,5.

• Law: MCL 287.351 (Liability of owner for dog bite (1939 PA 73)), enacted 1939; last changed 1988 PA 142, effective March 30, 1989
• Injuries covered: Bites only
• Where: Public places, or lawfully on private property
• Who is liable: The owner
• Damages: All damages, under the ordinary rules

Other ways to prove liability

MCL 287.288 preserves the owner's common-law liability alongside the statute²⁰. Under Trager v. Thor, a possessor (owner or keeper with proprietary control) is strictly liable for harm caused by a dangerous propensity abnormal to the animal's class that they knew or had reason to know of; a temporary caretaker is not a keeper, but can be sued for negligence when they fail to control an animal where injury could reasonably be expected⁷. These theories matter when the statute does not reach the case: knock-downs and other non-bite injuries, defendants who are not owners, and trespassers, to whom a landowner owes only a duty to avoid willful and wanton misconduct^6,7. The Dog Law of 1919 bars owners from letting most dogs stray unless on a leash, which can support a negligence argument¹⁹.

Defenses owners raise

Provocation

Provocation is the main defense to a statutory claim⁵. Brans v. Extrom held that the victim's intent does not matter and that an unintentional act can be provocation; it is a jury question³. But Bradacs v. Jiacobone found no provocation as a matter of law where a girl bent to pick up a ball near a dog's food, because the bite was out of proportion to anything she did².

Other defense

Defending yourself or your pets is not provocation. In Koivisto v. Davis, 277 Mich. App. 492 (2008), a woman bitten while fending off loose dogs attacking her cats won summary disposition: a dog already attacking is "already in a provoked state"⁵.

Trespassing

A trespasser cannot sue under the statute, and someone who entered to commit an unlawful act is not "lawfully" there^1,6. Visitors who come to the front door have an implied license, though: in Kelsey v. Lint, 322 Mich. App. 364 (2017), a shopper who came back the day after a garage sale was entitled to a jury decision on whether she was a licensee⁶.

Police dogs

Governmental immunity bars a statutory claim against a city for a police dog bite while officers are performing a governmental function, even if the dog disobeyed its handler: Tate v. City of Grand Rapids, 256 Mich. App. 656 (2003)⁹.

Shared fault

Other rule (MCL 600.2958, 600.2959).

Your own fault never bars a claim outright¹³. In common-law cases your damages are reduced by your percentage of fault; if your fault is greater than the combined fault of everyone else, you still recover your reduced economic damages but no noneconomic damages such as pain and suffering¹². Under the dog bite statute, Hill v. Sacka held that the fault-allocation statutes do not apply and the victim's or a third person's negligence is irrelevant, except where it amounts to provocation⁴.

How the five fault systems compare: provocation, trespass and shared fault.

Michigan dog bite statute of limitations

3 years (MCL 600.5805(2))

Suit for personal injury or property damage, including an injured pet, must be filed within three years after the injury; a wrongful-death claim also has three years¹⁰. A claim against the State of Michigan requires a written claim or notice in the Court of Claims within six months for personal injury or property damage¹⁴; cities and counties are generally immune for police dog bites under Tate⁹.

Children. A child bitten before 18 has one year after turning 18 to sue, even if the three-year period has run¹¹. If the three years end later than the 19th birthday, the later date applies, and a parent can file sooner as next friend^4,11.

Work out your own date with the dog bite claim checker, or compare deadlines in every state.

Damages

The statute makes the owner liable for "any damages" suffered by the bitten person, which Hill v. Sacka reads as all damages, including medical costs, lost earnings, pain and suffering, scarring and future noneconomic loss^1,4. Michigan's statutory cap on noneconomic damages applies only to medical malpractice, not dog bite claims¹⁵. In a common-law case where you are more than half at fault, noneconomic damages are barred¹². The dog bite statute provides no double, treble or punitive damages¹.

Landlords and property owners

The dog bite statute imposes liability only on owners⁸. A landlord owes no duty to people bitten off the rental property by a tenant's dog acquired after the lease began, and has no duty to inspect for dangerous animals: Feister v. Bosack, 198 Mich. App. 19 (1993)⁸. Feister noted that a landlord might be liable only with knowledge of the dog's dangerous propensities plus control of the premises or the ability to remove the dog, and found two days too short to evict⁸. More at landlord liability.

Insurance

No Michigan statute bars homeowners or renters insurers from using dog breed as of October 2026. House Bill 5580, which would add that ban to the Insurance Code effective 2027, was referred to the House Insurance Committee in February 2026 with no further action²⁴. A court that declares a dog dangerous may order the owner to carry liability insurance "sufficient to protect the public", with no minimum set¹⁷.

Michigan ranked #3 in the United States for dog-related homeowners insurance claims in 2025: 1,432 claims with an average cost of $68,018 (national average $65,450), according to the Insurance Information Institute and State Farm. These are insurer payouts, not court awards.

More on coverage, breed exclusions and renters policies: dog bite insurance.

Provocation: Michigan's long argument over accidents

Because provocation is the only real defense to a statutory claim, Michigan courts have fought for decades over whether an accident counts. In 1988 the Court of Appeals said in Palloni v. Smith that a toddler's attempted hug could be provocation, but the Michigan Supreme Court peremptorily reversed it, and Bradacs v. Jiacobone (2001) read that order as doubting that unintentional acts qualify². Bradacs held that a 12-year-old who dropped a football near a dog's food and bent to pick it up did not provoke the bite, because the dog's response was out of proportion². Four years later, Brans v. Extrom held squarely that unintentional acts can be provocation and that the question goes to the jury³. Koivisto v. Davis (2008) then held that fighting off a dog that is already attacking is never provocation⁵. The result in October 2026: intent does not matter, but the dog's reaction must make sense in light of what the victim did.

Bite reports and quarantine

Any person who knows of an animal bite where rabies is suspected must report it within 24 hours to the local health department, and to the health department where the bite happened, with the animal's species, owner, vaccination status, the place and date, and the victim's details²². Anyone with information on the biting animal or its owner must give it on request, and health providers must report any rabies post-exposure treatment they start²².

Michigan's rule requires a biting animal to be handled under the national Compendium of Animal Rabies Prevention and Control²². Under the state health department's guidance, an owned dog, cat or ferret that bites a person, vaccinated or not, is confined for 10 days from the day of the bite and tested if it shows signs of rabies or dies; a stray may instead be held for any required holding time and then euthanized and tested²³. The state guidance found does not fix whether confinement is at home or at a shelter; the local health department or animal control decides²³.

Dangerous-dog hearings, euthanasia orders and criminal penalties are covered on Michigan dangerous dog law.

Questions about Michigan dog bite law

Is Michigan a one-bite state?

No. Since 1939 MCL 287.351 has made the owner liable for an unprovoked bite whatever the dog's history and whatever the owner knew¹. The one-bite (knowledge) rule still applies to injuries that are not bites, such as knock-downs, under the common law⁷.

Does it matter that I was partly careless?

Under the statute, generally not. Hill v. Sacka held that comparative fault does not reduce a dog bite statute award, unless the carelessness amounts to provocation⁴. In a common-law claim, your fault reduces your award and bars noneconomic damages if it exceeds everyone else's combined¹².

Can I sue if the dog bit me on the owner's property?

Yes, if you were there lawfully: as an invited guest, a licensee such as someone coming to the front door, or someone doing a legal duty like delivering mail^1,6. A trespasser has no statutory claim, and whether you were a licensee or trespasser can be a jury question⁶.

Can I sue the dog sitter or the person walking the dog?

Not under the statute, which reaches only the owner⁸. A temporary caretaker can be sued for negligence if they failed to control the dog where injury was foreseeable, but not on the common-law strict liability theory, which requires owner-like control⁷.

What if a police dog bit me?

A city running a police dog in a police operation is immune from the dog bite statute under the governmental tort liability act, even if the dog ignored its handler's commands: Tate v. City of Grand Rapids⁹. See police dog bites for how other states compare.

Official contacts

Sources

1. MCL 287.351, Person bitten by dog; liability of owner, Michigan Legislature. Checked 17 October 2026.
2. Bradacs v. Jiacobone, 244 Mich. App. 263, 625 N.W.2d 108 (2001), CourtListener. Checked 17 October 2026.
3. Brans v. Extrom, 266 Mich. App. 216, 701 N.W.2d 163 (2005), CourtListener. Checked 17 October 2026.
4. Hill v. Sacka, 256 Mich. App. 443, 666 N.W.2d 282 (2003), CourtListener. Checked 17 October 2026.
5. Koivisto v. Davis, 277 Mich. App. 492, 745 N.W.2d 824 (2008), CourtListener. Checked 17 October 2026.
6. Kelsey v. Lint, 322 Mich. App. 364, 912 N.W.2d 862 (2017), CourtListener. Checked 17 October 2026.
7. Trager v. Thor, 445 Mich. 95, 516 N.W.2d 69 (1994), CourtListener. Checked 17 October 2026.
8. Feister v. Bosack, 198 Mich. App. 19, 497 N.W.2d 522 (1993), CourtListener. Checked 17 October 2026.
9. Tate v. City of Grand Rapids, 256 Mich. App. 656, 671 N.W.2d 84 (2003), CourtListener. Checked 17 October 2026.
10. MCL 600.5805, Injuries to persons or property; period of limitations, Michigan Legislature. Checked 17 October 2026.
11. MCL 600.5851, Disabilities of infancy or insanity, Michigan Legislature. Checked 17 October 2026.
12. MCL 600.2959, Comparative fault; reduced damages, Michigan Legislature. Checked 17 October 2026.
13. MCL 600.2958, Plaintiff's contributory fault not a bar to recovery, Michigan Legislature. Checked 17 October 2026.
14. MCL 600.6431, Court of claims; notice of intention to file claim, Michigan Legislature. Checked 17 October 2026.
15. MCL 600.1483, Medical malpractice; limitation on noneconomic damages, Michigan Legislature. Checked 17 October 2026.
16. MCL 287.321, Dangerous Animals act definitions, Michigan Legislature. Checked 17 October 2026.
17. MCL 287.322, Sworn complaint; destruction of animal; owner orders (as amended by 2022 PA 121), Michigan Legislature. Checked 17 October 2026.
18. MCL 287.323, Owner guilty of involuntary manslaughter, felony, or misdemeanor, Michigan Legislature. Checked 17 October 2026.
19. MCL 287.262, Dogs; licensing, tags, leashes, Michigan Legislature. Checked 17 October 2026.
20. MCL 287.288, Common law liability, Michigan Legislature. Checked 17 October 2026.
21. MCL 287.279, Killing of dog attacking persons or livestock, Michigan Legislature. Checked 17 October 2026.
22. 2026 Health Care Professional's Guide to Disease Reporting in Michigan (animal bite reporting, R 325.182), Michigan Department of Health and Human Services. Checked 17 October 2026.
23. Michigan Rabies Assessment: When Animals Have Bitten People (reviewed June 2025), Michigan Department of Health and Human Services. Checked 17 October 2026.
24. House Bill 5580 of 2026 (dog breed in property insurance), Michigan Legislature. Checked 17 October 2026.
25. House Bill 5041 of 2023 (breed-specific ordinances), Michigan Legislature. Checked 17 October 2026.