When is a Michigan Landlord Liable for a Tenant’s Dog Attack?

In Michigan, a landlord may be liable for a tenant’s dog attack if they knew the dog was dangerous and had the legal ability to have the animal removed but failed to do so.

While the dog’s owner is typically the first party held responsible, understanding landlord liability for a tenant's dog can be a complicated part of seeking justice.

A Michigan dog bite lawyer can review the details of an incident to determine if a claim against the property owner is possible.

These legal insights can clarify the path forward after an attack, helping victims pursue compensation for their injuries.

Are you unsure about landlord liability for a tenant’s dog attack in a Michigan apartment complex?

Schedule a free case evaluation with the personal injury attorneys at Goodman Acker P.C. to explore your rights and legal options.

Key Takeaways About Why Legal Representation Matters When Demonstrating Landlord Liability for a Tenant's Dog

• Landlord knowledge is a central issue. To hold a landlord liable for a tenant's dog bite in Michigan, you generally must prove they had prior knowledge of the dog's aggressive behavior. A lawyer can help gather evidence to establish this knowledge.


• Michigan’s dog bite statute primarily targets owners. The state’s strict liability dog bite law, MCL 287.351, holds the dog's owner responsible for bites without requiring proof of prior aggression. However, a premises liability claim against a landlord is a separate legal action based on negligence, which a Michigan dog bite lawyer can help navigate.


• Liability often depends on the degree of control over the property. A landlord’s responsibility is often greater in common areas. An attack in a hallway of a Detroit apartment building or a shared yard in a Grand Rapids rental property might create a stronger case for landlord negligence.


• Lease agreements can be important evidence. A lease that includes a "no pets" clause or specific pet restrictions gives the landlord the power to remove a dangerous animal. A lawyer can examine the lease to see if the landlord's failure to enforce these terms contributed to the incident.


• Multiple parties may be held responsible. After a dog attack, it may be possible to file a claim against both the dog owner and the landlord. A legal professional can help identify all potentially liable parties and pursue compensation from all available sources.

Understanding Michigan’s Dog Bite Law

When a dog bites someone in Michigan, the primary law that comes into play is the state’s strict liability dog bite statute.

This law, found in MCL 287.351, holds the dog's owner liable for any damages caused by their dog when it bites a person without provocation, provided the person was lawfully on the property.

Under this statute, the victim does not need to prove that the owner knew the dog was dangerous. If the dog bites, the owner is responsible.

This is different from a claim against a landlord, which is not based on this strict liability statute.

A case against a landlord falls under the legal theory of premises liability or common law negligence. This means the approach to proving the case is entirely different.

When Can a Landlord Be Sued for a Tenant’s Dog Bite in Michigan?

Determining whether a landlord can be held responsible for a tenant’s dog bite often depends on specific circumstances.

While the dog’s owner is typically the primary party held liable, landlords may share responsibility if certain conditions are met, such as:

• The landlord was aware that the dog was dangerous. Evidence such as prior complaints, written notices, or reports of aggressive behavior can demonstrate that the landlord was aware of the risk.


• The landlord had the ability to address the danger. Lease agreements with pet restrictions or “no pets” clauses may give the landlord the authority to act, such as requiring the removal of the dog.


• The landlord failed to take reasonable action. If the landlord did not enforce lease terms or address known risks, they may be held accountable for harm caused by the dog.

Landlords may employ various tactics to avoid liability, such as denying knowledge of the dog’s aggressive behavior or citing lease terms that limit their responsibility.

A Michigan dog bite lawyer can help uncover the facts, challenge these defenses, and work to hold all responsible parties accountable.

How To Prove a Michigan Landlord Knew About the Dangerous Dog

It is not enough that a dog bite occurred. The victim must provide evidence that the landlord was aware of the dog's aggressive tendencies before the attack happened.

Proving landlord knowledge of a tenant’s vicious dog in Michigan is often the biggest hurdle in these cases.

A lawyer can help investigate and uncover evidence of prior knowledge, which might include:

• Previous complaints: Records of other tenants, neighbors, or visitors complaining to the landlord about the dog’s behavior, such as lunging, growling, or prior bites.


• Written notices: Emails, letters, or text messages sent to the landlord or property management company about the dangerous animal.


• Employee testimony: Statements from maintenance staff or other property employees who witnessed the dog's aggressive behavior and may have reported it.


• Lease violations: Documentation showing the landlord was aware the tenant was keeping a dog in violation of a "no pets" clause, especially if the dog was a breed known for aggressive traits and restricted by the lease.

Simply seeing a tenant with a large dog is not enough to prove knowledge of its dangerous nature. The evidence must point to the landlord’s awareness of the specific dog’s propensity for aggression.

The Importance of Common Areas in Landlord Liability Cases

Landlords have a greater duty to maintain the safety of common areas, which are spaces shared by all tenants and their guests. A dog bite in a Michigan apartment common area can strengthen a liability claim. These areas include:

• Hallways and stairwells


• Lobbies and entryways


• Shared laundry rooms


• Parking lots


• Playgrounds or shared yards

For example, a dog attack in a hallway of a rental property in Detroit or a bite in a shared parking lot in Grand Rapids places the incident in a space where the landlord has direct control and responsibility for safety.

If the landlord knew a dangerous dog frequently roamed these areas off-leash and took no action, their negligence may be easier for a lawyer to establish.

The Role of the Lease Agreement In Landlord Liability Dog Bite Lawsuits

The lease agreement between the landlord and the tenant can be a critical piece of evidence in landlord liability cases.

Lease language that grants the landlord the power to evict or remove a dangerous dog is a crucial aspect of establishing that the landlord had control over the situation.

A Detroit dog bite lawyer might review the lease for:

• "No Pets" clauses: If the lease forbids pets and the landlord knew the tenant had a dog but did nothing, this shows a failure to enforce their own rules.


• Pet Restriction clauses: Many leases allow pets but restrict certain breeds, sizes, or have rules requiring dogs to be leashed in common areas. A landlord's failure to enforce these rules can be used as evidence of negligence.


• Nuisance clauses: Leases almost always contain clauses that prohibit tenants from creating a nuisance or disturbing other residents. A dangerous dog can be considered a nuisance, providing the landlord with grounds to take action.

If the landlord had the contractual right to remove the dangerous animal but failed to act on that right after becoming aware of the danger, they may share responsibility for the harm that resulted.

Steps to Take After Being Bitten by a Tenant’s Dog in Michigan

The steps you take after a dog bite can significantly impact your health and your ability to pursue compensation. Acting quickly and strategically can help protect your rights:

• Seek medical attention immediately. Dog bites can cause serious injuries and infections. Call 911 for severe injuries and see a doctor as soon as possible to document your condition.


• Report the bite to authorities. File a report with local animal control or the police. This creates an official record of the incident, which can serve as valuable evidence in a legal claim.


• Identify the dog and its owner. Gather the name and contact information of the dog’s owner and their address. If it’s safe, take a photo of the dog for identification purposes.


• Document everything related to the attack. Take photos of your injuries, the location of the attack, and any damaged clothing. Write down details about the incident while they are fresh in your mind.


• Consult a Michigan dog bite lawyer. A legal professional can evaluate your case, determine who may be liable, and guide you through the process of pursuing compensation.

The statute of limitations for dog bite claims in Michigan is three years; however, waiting too long can make it more challenging to gather evidence and build a strong case.

A lawyer can help ensure no critical steps are missed, giving you the best chance to hold the responsible parties accountable and seek the compensation you may be entitled to under the law.

Landlord Liability After a Dog Bite in a Michigan Apartment Complex FAQs

Can a landlord be liable if the dog bite victim was a delivery driver or postal worker?

Landlords may be held responsible if an attack occurs in a common area, such as a hallway or entryway, and they were aware that the dog posed a danger. Delivery drivers and postal workers are considered lawful visitors, and a lawyer can help determine if the landlord’s negligence contributed to the incident.

What if the landlord allowed a restricted dog breed on the property?

If the lease agreement prohibited certain breeds and the landlord knowingly allowed a restricted dog to remain on the property, this could strengthen a claim of negligence. A lawyer can review the lease and investigate whether the landlord failed to enforce these terms.

Does a landlord’s failure to act after complaints about a dog increase liability?

Ignoring complaints about a tenant’s dog can be used as evidence of negligence. If other tenants or visitors reported aggressive behavior and the landlord failed to address it, this inaction may make them partially liable for a subsequent attack.

Can a landlord be sued if the dog bite happened inside the tenant’s private unit?

It may be more challenging to hold a landlord liable for incidents that occur inside a tenant’s private unit, as landlords typically have less control over these spaces. However, if the landlord had prior knowledge of the dog’s dangerous behavior and failed to act, a lawyer can explore whether liability applies.

What role does Michigan’s three-year statute of limitations play in landlord liability cases?

The three-year statute of limitations for dog bite claims in Michigan also applies to cases involving landlords. Acting quickly is critical to preserving evidence and building a strong case. A lawyer can help ensure all deadlines are met and no opportunities for compensation are missed.

Schedule a Free Case Evaluation With the Michigan Dog Bite Attorneys From Goodman Acker P.C.

If a tenant's dog has injured you or a loved one, you may be facing significant medical bills, lost wages, and physical and emotional pain.

Determining who is responsible for these damages can be challenging, especially when a landlord is involved.

The legal team at Goodman Acker P.C. is ready to help you explore your legal rights and options for holding negligent Michigan landlords accountable after a tenant’s dog has attacked you. We have a 99 percent success rate in helping injured parties secure personal injury settlements meant to comprehensively support recovery.

Bite by a dog in a Michigan apartment complex? Contact the Goodman Acker P.C. dog bite injury lawyers for a free consultation to discuss your situation.

Call our office at (248) 831-1507 or reach out online to learn more about your legal options and take the first step toward recovery.