Who Pays for a Dog Bite Injury In Michigan?

After a dog bite, victims often ask us whether they must pursue the dog owner personally. In many cases, a homeowner’s or renter’s liability policy may provide a source of compensation, but coverage is never automatic. The policy language and circumstances of the bite matter.

Michigan Dog Owner Liability

Under MCL 287.351, a dog owner is generally responsible for damages from a bite without provocation when the injured person is on public property or lawfully on private property. A prior bite or warning is not necessary to establish liability under the statute. Even if there is liability, the question becomes who must pay for the damages caused by the dog bite.

Homeowner’s and Renter’s Insurance

Personal liability coverage in a homeowner’s or renter’s policy may respond to a covered dog bite, sometimes even away from the insured residence. An insurer may investigate who owned the dog, where the incident occurred, the insured’s relationship to the dog, and the policy’s coverage terms and limits.

What if the Insurer Denies Coverage?

Policies may contain animal-related exclusions, breed-specific restrictions, business-activity exclusions, or other conditions. A denial should be evaluated against the actual policy and facts; it does not necessarily mean the injured person has no claim against the dog owner. We have litigated cases where an insurance company denied covering a dog owner but their decision was overturned by the trial court, who found coverage under the policy. Courts are required to construe insurance policies in favor of the insured because the insured did not write the policy and this is often one of the most powerful tools an insured has when he or she has to get his insurance company to be held accountable.

What if the Owner Has No Insurance?

An uninsured owner may still be legally liable, but collecting compensation can be more difficult. Other potentially responsible parties or policies may warrant investigation depending on the circumstances.

Discuss Your Options

Preserve photographs, medical bills, witness information, and any insurer correspondence. Michigan generally provides three years to file a personal-injury action under MCL 600.5805, subject to exceptions. Hanley & Hodek can help assess liability, available coverage, and possible next steps. Contact our Traverse City office at 231-486-6556 for a consultation.