Dog ownership comes with great joy and responsibility. However, unfortunate situations can occur, such as when a dog escapes from its home and causes a car accident. In Michigan, determining liability in such cases involves considering various factors.
This article aims to provide a general understanding of the legal implications and responsibilities involved when a dog escapes at home and causes a car accident in Michigan. Let us continue with the discussion.
Michigan Dog Bite Statute
Michigan follows a “strict liability” statute regarding dog bites and attacks. According to the statute (MCL 287.351), dog owners are responsible for injuries caused by their dog biting or attacking another person, regardless of whether the owner was negligent or aware of the dog’s aggressive tendencies. However, this statute specifically addresses dog bites and does not directly apply to situations where a dog causes a car accident.
Negligence and Liability
When a dog escapes at home and causes a car accident in Michigan, the liability typically falls on the dog owner. To establish liability, the injured party would need to prove negligence on the dog owner’s part. Negligence may be demonstrated by showing that the owner failed to take reasonable steps to prevent the dog from escaping, such as not properly securing gates or fences or neglecting to supervise the dog adequately.
Michigan’s “Running at Large” Laws
Michigan has laws in place to regulate dogs running at large. These laws vary depending on the local municipality, so it is essential to consult the specific regulations applicable to your area. In general, allowing a dog to run at large, unrestrained, or without proper supervision can violate these laws. If it can be proven that the dog owner violated these laws, it may strengthen the case for establishing negligence.
Comparative Negligence
Michigan follows a comparative negligence system, which means that liability can be shared between multiple parties based on their degree of fault. In cases where the injured party shares some responsibility for the accident, the court will assess the proportion of fault for each party involved. The injured person’s compensation may be reduced according to their assigned percentage of fault. However, it is crucial to consult with a legal professional who can provide guidance based on the specific circumstances of your case.
Homeowner’s Insurance
In many cases, liability for a dog-related incident, including a dog causing a car accident, may be covered under the homeowner’s insurance policy. Homeowner’s insurance policies typically include liability coverage that extends to injuries caused by pets. It is advisable to review the terms of your policy and consult with your insurance provider to understand the extent of coverage and any exclusions that may apply.
If your dog escapes at home and causes a car accident in Michigan, determining liability depends on various factors, including negligence, compliance with “running at large” laws, and the injured party’s own contribution to the incident.
Although the Michigan Dog Bite Statute does not directly apply to car accidents, the dog owner can still be held liable if negligence is established. Seeking legal advice and understanding your homeowner’s insurance coverage are crucial steps to navigate such situations effectively. Remember, responsible pet ownership involves taking reasonable precautions to prevent such incidents and ensuring the safety of both your dog and others.
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Disclaimer
The article that you have read is based on general applications of the law. It is not legal advice, and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
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