The Dog Was Provoked
Dog Bite
What “provocation” means in a Michigan dog bite lawsuit is not precisely clear; the Michigan Court of Appeals has ruled that “whether provocation existed is typically a question of fact to be determined by the jury on the basis of the circumstances of each case…” Courts have ruled that grabbing a dog’s tail, and making sudden aggressive movements toward a dog can constitute provocation, depending on the circumstances. In one dog bite lawsuit, a Michigan court ruled that there was no dog bite provocation when a woman was bitten by a growling dog that had wandered onto her property while the woman kicked at the dog to keep it away from her cats. Notably, the court noted in that case that “responding to or reacting to a dog’s vicious and aggressive behavior does not constitute provocation under MCL 287.351.” Additionally, a provocation defense does not necessarily defeat a dog bite lawsuit to the extent that the lawsuit is based on a common law dog bite claim, rather than based on the statute.
Michigan dog bite lawsuits are governed by Michigan Compiled Law 287.351, which provides, in pertinent part, as follows:
Michigan Compiled Law 287.351
"If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog 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."
Given the wording of the Michigan dog bite law, the two most common defenses in dog bite lawsuits are (i) the dog was provoked, or (ii) the dog bite victim was not lawfully on the property where the dog bite occurred.
Get What You Deserve
Dog Bite
In short, Michigan dog bite lawsuits are often winnable because there are only two real defenses. However, it is very important to obtain a skilled Michigan lawsuit attorney to handle the lawsuit in order to maximize the value.
Favorable settlements or jury verdicts are essentially impossible to obtain without a skilled Michigan lawsuit attorney who knows how to build up and maximize the value of the lawsuit.
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The MichiganLawsuit.com office specializes in Social Security claims, handling both Disability (for those with significant work histories now unable to work) and Insurance (for those without substantial income/assets), with eligibility for both requiring proof of disability as defined by an inability to engage in substantial gainful activity due to physical or mental impairments. The Social Security Administration conducts a Residual Functional Capacity (RFC) assessment to determine eligibility, utilizing factors like age and work history, though decisions can be appealed with the help of attorneys if initially denied. Appeals may progress from administrative judges to the Federal Court, where case law, rather than standard guidelines, influences the outcome, highlighting the importance of experienced legal representation in securing benefits.
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