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Michigan Dog Bite Statute of Limitations
An overview of the Michigan dog bite statute of limitations, including the general three-year filing deadline, strict liability under MCL 287.351, and exceptions for minors and government claims.
The statute of limitations for a dog bite claim in Michigan is three years from the date of the bite. This means you have three years to file a lawsuit against the dog's owner. If you miss this deadline, the court will almost certainly dismiss your case and you will lose your right to recover compensation. While three years may seem like a generous window, there are important exceptions that can shorten or extend this period depending on the specific circumstances of your case.
The General Filing Deadline
Michigan's general statute of limitations for personal injury claims, including dog bite injuries, is three years under MCL 600.5805(2). The clock begins running on the date of the injury — in most dog bite cases, that means the date you were bitten.
This three-year deadline applies to filing a lawsuit in court. It does not mean you have three years to begin the process. In practice, building a strong claim takes time. Medical treatment may be ongoing, evidence needs to be preserved, and witnesses need to be interviewed while their memories are fresh. Starting early gives your attorney the time needed to build the strongest possible case.
Michigan's Strict Liability Law (MCL 287.351)
One of the most important features of Michigan's dog bite law is that it imposes strict liability on dog owners. Under MCL 287.351, if a dog bites a person who is lawfully on public or private property, the owner is liable for damages — regardless of whether the dog had ever bitten anyone before and regardless of whether the owner knew the dog was dangerous.
This is significant because many states follow a "one-bite rule," which requires the victim to prove the owner knew their dog was aggressive. Michigan does not. If you were bitten by a dog while you were lawfully present in the location where the bite occurred, the owner is strictly liable.
The one exception to strict liability is provocation. If the dog owner can prove that you provoked the dog — such as by hitting, teasing, or tormenting it — they may have a defense against your claim. However, the burden of proving provocation falls on the dog owner, not on you.
Exceptions That May Shorten or Extend the Deadline
While the standard filing deadline is three years, several situations can change that timeline:
Claims Involving Minors
Children are among the most common victims of dog bites. When the victim is a minor (under 18 years old), the statute of limitations is generally tolled — meaning paused — until the child reaches the age of 18. At that point, the standard three-year clock begins. This means a child bitten at age 10 would potentially have until age 21 to file a lawsuit.
However, parents or legal guardians can file a claim on behalf of the child at any time before the child turns 18. In many cases, it is advisable to pursue the claim sooner rather than later, while evidence is readily available and witnesses can be located.
Claims Against Government Entities
If the dog that bit you was owned or controlled by a government entity — such as a police K-9 unit or a dog kept at a government facility — the rules change significantly. Claims against the government are governed by the Michigan Court of Claims Act and require you to file a notice of intent to file a claim within six months of the incident. This is a much shorter window than the standard three-year deadline, and missing it can bar your claim entirely.
If you believe a government entity may be responsible for the dog bite, consult with an attorney immediately to ensure you meet all applicable deadlines.
Do Not Wait to Protect Your Rights
Statutes of limitations exist to encourage timely filing, and waiting too long can make it harder to gather evidence, locate witnesses, and build a persuasive case. If you or a loved one has been bitten by a dog in Michigan, speaking with a Michigan dog bite attorney as soon as possible gives you the best chance at a successful outcome. Contact Baldori Law for a free consultation.
Steps to Protect Your Claim
Regardless of how much time remains on the statute of limitations, taking prompt action strengthens your case. Here are the key steps to follow after a dog bite:
- Seek medical attention immediately. Dog bites carry a risk of infection, scarring, nerve damage, and other serious complications. Prompt treatment both protects your health and creates a medical record linking your injuries to the bite.
- Report the bite. File a report with your local animal control office or county health department. An official report documents the incident and may trigger an investigation into the dog's history.
- Document everything. Photograph your injuries on the day of the bite and throughout your recovery. Keep records of medical visits, prescriptions, medical bills, and any time missed from work.
- Identify the dog and its owner. If you do not already know the identity of the dog's owner, gather as much information as possible. Ask witnesses, check with neighbors, and request information from animal control.
- Preserve evidence. Keep the clothing you were wearing at the time of the bite. Do not wash it — the tears and bloodstains may serve as evidence.
- Consult a dog bite attorney. An experienced Michigan dog bite lawyer can evaluate your claim, determine which deadlines apply to your situation, and help you pursue the compensation you deserve.
Michigan's strict liability law provides strong protections for dog bite victims, but those protections are only meaningful if you act within the required time frame. If you have been bitten by a dog in Michigan, do not assume you have plenty of time. Contact Baldori Law today for a free consultation so we can review your case and advise you on the best path forward.
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