Dog Bite Compensation Claims in Westland

Dog Bite Compensation Claims in Westland

Dog bites are a serious concern in many communities, including Westland, Michigan. Every year, numerous individuals—often children, the elderly, and others vulnerable to injury—are attacked by dogs, leading to both physical and emotional trauma. While many dogs are friendly companions, there are unfortunate incidents when dogs become aggressive, causing severe injuries that can have lasting effects on the victims. In Westland, dog bite incidents are not uncommon, and they often result in hospital visits, ongoing medical treatment, and long-term emotional distress.

A dog bite can cause a range of injuries, from deep puncture wounds and lacerations to broken bones and nerve damage. Beyond the physical pain, victims may also suffer psychological trauma, such as anxiety, PTSD, and a fear of dogs, which can disrupt their daily lives. When you or a loved one is injured by a dog, it is important to seek legal representation to ensure that you receive the compensation you deserve for both the physical and emotional damages sustained.

Michigan Dog Bite Laws

Strict Liability Law

In Michigan, the strict liability law holds dog owners accountable for injuries caused by their dogs, regardless of the dog’s previous behavior. This law simplifies the process for victims of dog bites by eliminating the need to prove that the dog owner knew their dog had aggressive tendencies or that the owner was negligent. In other words, if a dog bites someone and causes harm, the dog owner is generally responsible, even if the dog has no prior history of aggression.

The strict liability law is designed to protect dog bite victims and ensure that those who are harmed by a dog bite do not bear the financial burden of their injuries alone. The key factor in a strict liability case is the occurrence of the bite and the resulting injury, making the owner liable for the damages.

Exceptions to Liability

While Michigan’s strict liability law generally holds dog owners responsible for injuries caused by their dogs, there are certain exceptions where the dog owner may not be held liable. These exceptions include:

• Provocation: If the victim provoked the dog in some way—such as by teasing, hitting, or disturbing it—the dog owner may not be held liable. This exception is important for dog owners seeking to defend themselves, and victims must prove that they did not provoke the dog for the owner to be liable.
• Trespassing: If the victim was trespassing on the dog owner’s property at the time of the bite, the owner may not be liable. However, this exception only applies if the victim was unlawfully on the property. If the victim had permission to be on the property or was in a public area, the dog owner remains responsible for the attack.
• Veterinary or Animal Care Workers: Certain workers, such as veterinarians, animal control officers, and other professionals who work with animals, may not be able to file claims for injuries that occur during their work duties, especially if they are bitten while handling the dog as part of their job.

Dog Owner’s Responsibilities

Dog owners in Westland and across Michigan have legal obligations to ensure their dogs do not pose a risk to others. These responsibilities are designed to keep both people and animals safe, and failing to follow these regulations can make the dog owner liable for any injuries their dog causes. Some key responsibilities include:

• Leash Laws: Dog owners must ensure their pets are kept on a leash when in public places, including parks, streets, or other public spaces. A dog that is not on a leash and attacks someone may lead to the owner being held responsible for the injury caused.
• Proper Containment: Dog owners must ensure their pets are securely confined when not under supervision. If a dog escapes from a yard or enclosure and attacks someone, the owner could be held liable for failing to properly contain the animal.
• Preventing Aggressive Behavior: If a dog shows signs of aggression or has a history of previous attacks, the owner must take additional precautions to prevent future incidents. This could include using a muzzle, keeping the dog on a leash at all times, or restricting access to public spaces. If the dog owner is aware of their dog’s aggressive tendencies and fails to take precautions, they may be considered negligent and held liable for any resulting injuries.
• Vaccinations: Michigan law requires that dogs be kept up-to-date on rabies vaccinations. If the dog bite involves the possibility of rabies exposure, the dog owner must provide proof of the dog’s vaccination status.

Proving Your Dog Bite Case in Westland

Establishing Liability

To successfully prove a dog bite case in Westland, establishing liability is critical. Under Michigan’s strict liability law, dog owners are generally responsible for injuries caused by their dogs, even if the dog has no prior history of aggression. However, proving liability involves showing that:

• The Dog Bite Occurred: The first step is to prove that a dog bite actually happened and caused harm. This can be done by presenting medical records, photographs, and your testimony, which demonstrate that the injury was indeed caused by a dog bite.
• The Attack Was Unprovoked: To strengthen your case, it is important to prove that the dog bite was unprovoked. If the victim provoked the dog (e.g., by teasing or striking it), the dog owner may not be held liable. You will need to show that the victim did not provoke the dog in any way.
• The Dog Owner Was Negligent: If the dog was not properly contained (e.g., roaming free without a leash), or if the dog owner failed to prevent an aggressive dog from attacking, the owner's negligence will increase their liability. Proving that the dog owner was negligent helps establish that they are responsible for the attack and the resulting injuries.
• Legal Presence of the Victim: You must also demonstrate that the victim had a legal right to be where the attack occurred. If the victim was on private property without permission (i.e., trespassing), the owner may not be held liable. However, if the victim was legally present, the dog owner is more likely to be held accountable.

Gathering Evidence

Gathering solid evidence is essential for building a strong dog bite case. The more comprehensive your evidence, the stronger your claim will be. Key pieces of evidence include:

• Medical Records: Medical documentation is essential for showing the severity of the injuries and the treatments received. This can include emergency room records, follow-up care, surgeries, prescriptions, and any future medical needs. These records also establish the connection between the injury and the dog bite.
• Police Reports: A police report is a critical piece of evidence, as it provides an official record of the dog bite incident. It typically includes details about the location, the identity of the dog owner, any previous incidents with the dog, and any legal actions taken. If law enforcement was involved, this report can bolster your case.
• Witness Statements: Witnesses who saw the dog bite can provide valuable testimony that supports your version of events. Witnesses can testify to whether the dog was provoked, if it was on a leash, and the dog’s behavior leading up to the attack. Their statements can make your case stronger by corroborating your account of the incident.
• Photographs: Take clear photographs of the injury immediately after the dog bite and as the wound heals. Photos of the injury provide visual evidence of the severity of the bite and the progression of healing. Photos of the scene where the attack occurred and the dog (if possible) can also be helpful in showing the circumstances surrounding the incident.

Comparative Negligence

In Michigan, the comparative negligence rule means that if the victim is partially responsible for the dog bite, their compensation may be reduced. If the victim provoked the dog, was trespassing, or acted recklessly in a way that contributed to the attack, the dog owner’s liability could be diminished based on the degree of fault attributed to the victim.

For example:

• If the victim is 30% responsible for the attack (such as by provoking the dog), their compensation would be reduced by that percentage.
• If the victim is more than 50% responsible, they may be barred from receiving compensation altogether.

In Michigan, as long as the victim is less than 51% at fault, they can still recover compensation, but it will be reduced according to their degree of fault.

Calculating Your Dog Bite Compensation

Economic Damages

Economic damages are awarded to cover the measurable financial losses that result from the dog bite. These damages can include:

• Medical Bills: This covers the cost of all medical treatments related to the dog bite, including emergency care, surgeries, hospital stays, doctor visits, medications, and physical therapy. If long-term care or rehabilitation is needed, those costs will also be included in the compensation calculation.
• Lost Wages: If the victim misses work due to the injury, they can claim compensation for lost wages. This includes time taken off for medical appointments, recovery, and any time the victim is unable to work due to the injury. If the injury leads to permanent disability, the victim may also be entitled to compensation for future lost wages.
• Future Medical Costs: In some cases, the victim may require ongoing medical care, such as physical therapy, reconstructive surgery, or treatment for scarring. These future medical costs should be considered when calculating the total compensation.
• Other Out-of-Pocket Expenses: Compensation can also cover other expenses related to the injury, such as transportation costs to medical appointments or medical equipment (e.g., crutches, bandages).

Non-Economic Damages

Non-economic damages are awarded to compensate for the more intangible aspects of the injury. These can include:

• Pain and Suffering: Compensation for pain and suffering accounts for the physical pain the victim has endured, including both immediate pain and ongoing discomfort during recovery. This also includes the emotional distress caused by the injury.
• Emotional Distress: Many dog bite victims experience mental and emotional effects such as anxiety, fear, and PTSD, particularly if the attack was traumatic. Compensation for emotional distress helps address the psychological toll of the injury.
• Loss of Enjoyment of Life: If the dog bite injury prevents the victim from participating in activities they once enjoyed (e.g., sports, hobbies, or spending time with loved ones), they may be entitled to compensation for this loss of quality of life.

Punitive Damages

Punitive damages are awarded in cases where the dog owner’s actions were extremely negligent or reckless. These damages are not intended to compensate the victim for their injuries but to punish the dog owner for particularly egregious behavior and deter future misconduct.

For example, if a dog owner knowingly allowed a dangerous dog to roam free in a public place and it attacked someone, punitive damages may be awarded in addition to compensatory damages. Punitive damages are typically reserved for cases involving gross negligence or intentional misconduct.

Get in Touch with Marko Law

If you or a loved one has been the victim of a dog bite in Westland, it's essential to take immediate action to protect your legal rights and secure the compensation you deserve. Marko Law is here to help. With extensive experience in handling dog bite compensation claims, our team is dedicated to providing expert legal representation to victims in Westland and surrounding areas. We work tirelessly to ensure you receive the support and justice you deserve.

We offer a free, no-obligation consultation to discuss the details of your dog bite claim. During this consultation, we will review the facts of your case, explain your legal options, and answer any questions you may have about the claims process. You don't have to navigate this challenging situation alone—our team is here to guide you through every step of the process.

Contact Information

• Call us at:
  1-833-MARKO-LAW
  1-313-777-7LAW
• Visit our office:
  220 W. Congress, 4th Floor
  Detroit, MI 48226
• Website:  

www.markolaw.com

Don't wait to take action. Contact Marko Law today to schedule your free consultation and get the expert legal assistance you deserve. Let us fight for your rights and help you secure the compensation you're entitled to after a dog bite injury.