//not the thank-you page Dog Bite Injuries & Provocation - Detroit Injury Lawyer
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Dog Bite Injuries & Provocation

 

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Even the most docile animals can be unpredictable. Dogs who are triggered to attack may seem like otherwise kind animals. However, dogs can attack quickly and without hesitation when provoked, whether intentionally or not.



Such attacks can lead to severe contusions, puncture wounds, broken bones, or even death. If a dog bite injured you after the dog was provoked, ensure you understand your rights and how the court may view the case. Also, contact our dog bite injury lawyers at 248-286-8100 at Goodman Acker, P.C., to learn about your legal options.



Why Should You Contact Our Dog Bite Injury Attorneys?



At Goodman Acker. P.C., we understand each case is unique and will carefully listen to you to know what you want. If you wish to file a lawsuit and go to trial or receive a settlement, we will advise you based on your best interests. We have years of experience handling dog bite injury and other personal injury cases and have recovered millions of dollars in verdicts and settlements for our clients.




Our legal team has a 99% success rate and an in-depth understanding of Michigan’s dog bite laws.




Our dog bite injury lawyers will fight for a favorable outcome while protecting your rights. Our initial consultations are free, and you don’t have to worry about how to pay our fees as we work on a contingency fee basis. This means we only get paid when we win your case.



Call us at 248-286-8100 to learn more about how we can help you.



What Is Provocation?



Provocation involves inciting, instigating, angering, or irritating a dog, causing it to attack. A provoked animal can be prompted to bite when it might not have otherwise, or it might make the animal more aggressive. Such instances can sometimes affect liability in a personal injury case. A dog might be provoked by gestures, verbal taunts, physical contact, or other potentially threatening behavior.



Besides these apparent behaviors, people might unknowingly incite a dog to attack. For example, stepping on a dog’s tail, going near a favorite dog toy or food bowl, or moving between a dog and its owner could inadvertently provoke aggressive behavior.



Does Provocation Affect Liability?



According to Michigan’s “strict liability” statute, an owner is responsible for the actions of their animal if it attacks or harms someone when it is not provoked. This rule applies no matter where the attack occurs and whether or not this incident is the dog’s first attack. Also, it applies as long as you are legally on the owner’s property.



However, is the owner still considered liable if a dog is provoked? Not always.




Under Michigan law, provocation is the only defense to a dog injury lawsuit.




If the dog attacked you after you provoked it, you might be unable to recover compensation as liability lies with you. You might also be deemed liable for your injuries whether or not you intended to provoke the dog.



So, if your action causes a ‘regular’ dog to bite, Michigan law considers it a provocation and bars you from having a valid claim. However, the dog owner must establish two factors where the victim did not intend to provoke the dog. They include:




  • The provocation was directed at the dog, and

  • The dog’s reaction was proportional to the provocation.



However, it is not always easy to prove or disprove provocation, especially with no witnesses. So, contact our dog bite accident attorneys at Goodman Acker, P.C., if you sustain a dog bite injury.



Are Children an Exception?



When it comes to induced animal attacks, the responsibility of children is debatable. Children, especially young children, are not always fully aware of the impacts of their actions, and what in their mind is considered play might be regarded as aggression from the dog’s perspective.



If a child approaches the dog and attempts to pet it, the child technically provokes the dog. However, if the owner knew the animal could be aggressive or dangerous toward children, they have the responsibility to warn the child away or restrain the animal.



Furthermore, before a dog owner can use provocation as a defense after their dog bites a child,  the dog’s reaction to the provocation must be proportionate to what the child did. So, suppose a child gently pulls the dog’s ear, and it reacts by viciously attacking the child. In that case, the dog’s action is out of proportion, and the owner cannot escape liability by claiming provocation.



Dog Bite Injuries & Provocation FAQs



Victims of dog bites often wonder about what to do, and the claims process. Below are some common questions.



Can I Still Claim Compensation Even if I Provoked the Dog?



No, you can’t. Michigan’s strict liability law will not apply if you intentionally provoked the dog. It is also difficult to receive compensation even if the provocation is unintended.



Who Should I Report a Dog Bite Injury To?



Call the police to report the incident, and ensure you give them as much detail as possible about what happened and the owner’s information. Also, call the local animal control and give them the same information. The incident report is crucial proof when seeking compensation.



How Long Do I Have to File a Dog Bite Injury Claim?



Since dog bite cases fall under personal injury, you have three years to take legal action. The time starts counting from the day the dog bite happened, and once it elapses, no court in Michigan will hear your case.



Get Help From Our Dog Bite Injury Lawyers



If you or someone you love was injured in a dog attack, especially when the animal was provoked, it is vital to seek legal help immediately. Our experienced dog bite lawyer will review your case, help gather evidence to protect your rights and seek compensation for your injury. Instead of attempting to fight the legal battle alone, choose to work with a skilled attorney you can trust.



Contact Goodman Acker, P.C., today at 248-286-8100 to get started on your dog bite injury case.



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