WHO IS RESPONSIBLE FOR INJURIES OCCURRING DUE TO AN ANIMAL ATTACK?
If the attack occurred on private property owned by someone other than the animal owner, then it is necessary to prove that the property owner knew of the animal's
dangerous nature before the attack and failed to take reasonable steps to protect the victim.
No matter where the animal attack occurs, the animal owner is responsible for all reasonable and foreseeable damages resulting from the attack,
unless the animal was provoked or the victim was in a
location not permitted.
WHAT IS MEANT BY "PROVOCATION"?
The animal cannot have been provoked to attack.
Michigan law has not clearly defined provocation. Each case must stand on its own fact. However, there is one recent appellate case of importance in which the court
upheld the dismissal of a case in which a two-year-old child was attacked while attempting to pet a dog chained in the owner's front yard. The court held that the
attempted petting constituted provocation and was a complete defense to the suit for injuries to the child.
WHERE MUST THE ATTACK TAKE PLACE IN ORDER TO HOLD THE ANIMAL OWNER RESPONSIBLE?
There are two primary area where an animal attack can occur: private property or public property.
The animal owner is responsible for the animal's attack on public property,
almost without limit. Whether the dog is loose or on a leash, if it is on public property
and
attacks without provocation, the owner is liable for all foreseeable damages which result.
If the attack occurs on the owner's property to which the victim
was not invited, unless it was reasonably foreseeable that a
person would go there, the owner is not responsible. For example, to lock an animal in a lavatory which people would be likely to use would result in liability if the
victim was not warned of the
animal's presence, and the victim was attacked when trying to use the lavatory.
If the attack occurs because the dog came onto another person's property--either the victim’s or
a third person’s--then the animal owner would be responsible for all foreseeable damages
that resulted.
It should be noted that if the animal was frequently on the property of a third person, and if that person knew of the animal's dangerous tendencies but
failed to
restrain it, or notify the police, animal control office or animal's owner,
that property owner could be held responsible for an attack on his/her
property.
WHAT ARE THE TYPES OF DAMAGES FOR WHICH THE ANIMAL OWNER MAY BE RESPONSIBLE?
Medical expenses for emergency room and follow-up care and treatment are the most common. Occasionally, a wound will result in scarring which requires plastic
surgery, psychiatric counseling or other services. Occasionally, there may be a loss of income or other out-of-pocket losses that must be reimbursed.
The animal owner is responsible for all reasonable and necessary services which were the foreseeable result of the animal's attack.
This information is not meant to be a complete or definitive treatise on the law of animal attack liability. It was meant as an overview, in order to answer the most
commonly asked questions and to explain the most commonly experienced types of animal attacks.
If you have any questions that this page does not answer, please contact
us.
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