Dog Bite Provocation and Lawful-Presence Rules

By the FigureMyTax Editorial Team · How we calculate

Michigan's statute has two gates. You have to be lawfully where you were bitten, and you can't have provoked the dog.

Gate one: lawful presence

Under MCL 287.351(2), you are lawfully on private property if you are there performing a duty imposed by state or federal law or postal regulations, or as an invitee or licensee of the person lawfully in possession — unless you gained entry for an unlawful or criminal act. The statute protects victims on the owner's own property too, as long as they're lawfully there. Anywhere on public property is covered.

Gate two: provocation

Liability applies only to a bite “without provocation.” The Court of Appeals has described the statute as placing absolute liability on the owner except where the dog bites after having been provoked. Because the statute never defines provocation, courts decide it case by case — so what you were doing in the moments before the bite carries real weight.

Who has to prove what

The model civil jury instructions list the plaintiff's elements as an injury from a dog bite, lawful presence, a bite without provocation, and ownership by the defendant. Some summaries describe provocation as a defense the owner must establish, so treat the allocation of the burden as something to confirm for your facts.

What the statute doesn't say

The statute doesn't mention comparative fault. Whether a victim's own negligence reduces a statutory dog bite claim isn't something this page can answer, which is another reason to put the question to an attorney.

This is general information, not legal advice. Whether an exception applies depends heavily on the specific facts. Confirm how these rules affect your case with a licensed Michigan attorney.