What Happens if a Dog Bite Victim Was Trespassing in Michigan?
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A dog bite attack is one of the most traumatic events that can happen to a person. Dog attacks trigger our most primal instincts and leave not only scarring and physical injury, but also serious emotional harm, including PTSD and anxiety. Michigan dog bite cases are governed by the Michigan dog bite law, MCL 287.351. The Michigan dog bite lawyers at the Lee Steinberg Law Firm are experts in this law. For over 50 years, our team has handled cases for clients ranging from small children to elderly adults, and we have recovered millions for our clients.
Quick Answer: Can a Trespasser Sue for a Dog Bite in Michigan? |
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The Michigan Dog Bite Law Explained
The Michigan dog bite law (MCL 287.351) states: if a dog bites a person, without provocation, and that person is on public property or lawfully on private property (including the dog owner’s), the dog owner is liable for all damages, regardless of whether the dog had ever bitten before or shown prior viciousness.
This is a strict liability statute. The dog bite victim does not need to prove the owner was negligent. So long as (1) a bite occurred, (2) the bite wasn’t provoked, and (3) the victim wasn’t trespassing, then the dog owner is responsible for all:
• Medical bills
• Lost wages
• Scarring and disfigurement
• Pain and suffering
• Other damages arising from the dog bite attack
When Is a Person Lawfully on Private Property?
To succeed under MCL 287.351, the victim must be on public property or “lawfully on private property.” The second section of the statute states:
“A person is lawfully on the private property of the owner of the dog within the meaning of this act if the person is on the owner’s property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or if the person is on the owner’s property as an invitee or licensee of the person lawfully in possession of the property unless said person has gained lawful entry upon the premises for the purpose of an unlawful or criminal act.” |
In plain language: postal workers, delivery drivers, and people visiting for a commercial or social purpose are “lawfully” on the property. However, a trespasser cannot maintain a statutory dog bite claim under this law.
What Is Considered a Trespasser for Michigan Dog Bite Cases?
A “trespasser” is a person who enters another’s land without the landowner’s consent. In this situation, the dog owner owes no duty to the trespasser, except to refrain from injuring them through “wilful and wanton” misconduct.
What Are Examples of Trespassing That Could Defeat a Dog Bite Claim?
The following situations may be considered trespassing and could defeat a person’s dog bite claim in Michigan:
• Jumping a fence or breaking through a locked gate.
• Cutting through a neighbor’s property as a shortcut.
• Entering a fenced yard without permission, even to retrieve a ball.
• Entering an area clearly marked “No Trespassing” or “Keep Out.”
• Entering a business after hours when it is closed to the public.
Is Going Up to a Person’s Door Considered Trespassing?
What about people who visit a home uninvited? Are they always trespassers? No. Especially when a person has an implied license to enter the property.
Michigan law recognizes an implied license to enter certain areas of a property. Permission may be implied where the owner acquiesces in the known, customary use of property by the public. For example, there is an implied license that permits ordinary persons to enter a property, approach a home, and knock on the door.
People Who Typically Have an “Implied License” to Be on a Dog Owner’s Property:
• Delivery drivers UPS, FedEx, Amazon, USPS, DoorDash, and similar services
• Utility workers meter readers, technicians, inspectors
• Neighbors walking up to knock on the front door
• Trick-or-treaters during Halloween
• Visitors to a garage sale or open house invited by the property occupant
Important: Don’t Assume You Were Trespassing Many dog bite victims incorrectly assume they have no case because they were “on someone else’s property.” If you were making a delivery, visiting a neighbor, or your child was playing nearby, you may be fully protected under Michigan law. Call an attorney before assuming you have no case.
Is There a Special Rule for Child Trespassers? The Attractive Nuisance Doctrine
Yes. Michigan has an attractive nuisance doctrine, an important exception that extends to dog bite attacks.
The law recognizes that children lack the judgment and experience to appreciate certain dangers, and are naturally drawn to explore. When a landowner maintains something likely to lure children and poses a danger to them, the law imposes a higher standard of care on that landowner.
What Are Examples of Attractive Nuisances?
• Abandoned buildings
• Swimming pools and sandboxes
• Trampolines
• Large hills or mounds
The attractive nuisance doctrine prevents a child from being treated as a trespasser in a dog bite case. Even if a child had no legal right to be on the property, the dog owner can still be held liable if their dog attacks and injures the child. This doctrine typically applies to children under age 7, although children under 13 may also qualify depending on the circumstances.
An experienced Michigan personal injury attorney would evaluate the child’s specific age, the circumstances of entry, and the owner’s knowledge of children in the area — to build the strongest possible theory of liability.
Michigan Dog Bite & Trespassing: Quick Reference Summary
Situation | Trespasser? | Can File a Claim? |
Delivery driver bitten at front door | No, Implied license | Yes ✓ |
Neighbor knocked on door uninvited | No, Implied license | Yes ✓ |
Child entered yard attracted by trampoline | Possibly, but attractive nuisance applies | Likely Yes ✓ |
Person jumped locked fence | Yes | No ✗ |
Person cut through yard as shortcut | Yes | No ✗ |
Person entered “No Trespassing” area | Yes | No ✗ |
An Overview of Trespassing and Michigan Dog Bite Claims
In general, a trespasser cannot make a claim for injuries from a dog bite if they were trespassing on the dog owner’s property. However, it is critically important to understand what constitutes trespassing and what doesn’t. Many people wrongly assume they have no case. The Michigan dog bite lawyers at the Lee Steinberg Law Firm can help answer these questions and obtain a significant settlement for yourself or your child.
Frequently Asked Questions: Dog Bites and Trespassing in Michigan
Can a trespasser sue for a dog bite in Michigan?
Generally, no. Under MCL 287.351, a trespasser cannot bring a statutory dog bite claim in Michigan. However, many situations that seem like trespassing, such as walking up to someone’s door, are actually protected under the implied license doctrine.
What is the implied license doctrine for dog bites?
Michigan law recognizes that certain visitors, such as delivery drivers, postal workers, and neighbors knocking on a door, have an implied license to enter private property. These individuals are not considered trespassers and can pursue a dog bite claim under Michigan’s strict liability law.
Can a child who was trespassing sue for a dog bite?
Possibly yes. Michigan’s attractive nuisance doctrine may protect child trespassers, especially those under age 7 (and sometimes under 13). If the property contained something that naturally attracts children, like a trampoline or pool, the dog owner may still be liable.
What are the damages in a Michigan dog bite case?
Victims can recover medical expenses, lost wages, scarring, pain and suffering, and emotional distress damages. Michigan’s strict liability law means you do not need to prove the dog had a history of aggression.
How long do I have to file a dog bite claim in Michigan?
Michigan has a statute of limitations for personal injury claims. It is important to contact a dog bite attorney as soon as possible to preserve your rights. Do not delay, evidence and witness accounts are strongest immediately after the incident.
Contact Our Michigan Dog Bite Experts Today
If you or your child were bitten by a dog, do not assume you were “trespassing.” Whether you were making a delivery or your child was playing near a neighbor’s yard, the law often protects you.
Call the Lee Steinberg Law Firm today at 1-800-LEE-FREE (1-800-533-3733)
for a 100% free consultation. We have won millions for victims across Michigan, and we never charge a fee until we win your case.
