Dangerous Breed Attacks

Understanding Breed-Specific Legislation in Michigan

Breed-specific legislation (BSL) refers to local laws that regulate or ban certain dog breeds deemed inherently dangerous. Unlike some states that have enacted statewide breed-specific bans, Michigan does not have a state-level law prohibiting specific breeds. However, Michigan law does allow individual municipalities to enact their own breed-specific ordinances, and several Michigan cities have done so.

Michigan's primary dog bite statute, MCL 287.351, applies equally to all breeds. Under this strict liability law, any dog owner is liable when their dog bites a person who was lawfully on the property and did not provoke the animal. The statute does not distinguish between breeds, meaning a chihuahua owner faces the same legal standard as a pit bull owner. However, breed becomes relevant in several practical ways that affect how claims are handled, what insurance coverage is available, and what additional penalties an owner may face.

Michigan Cities with Breed-Specific Ordinances

Several Michigan municipalities have enacted ordinances targeting specific breeds, most commonly pit bulls and pit bull mixes. These local laws vary significantly in their approach and severity.

Some Michigan cities have enacted outright bans on pit bull-type dogs, requiring existing owners to comply with strict registration, containment, and insurance requirements or face having their dogs removed. Other cities have adopted "dangerous dog" ordinances that do not ban specific breeds outright but impose enhanced requirements on owners of dogs designated as dangerous based on behavior, with breed sometimes influencing how quickly a designation is applied.

Cities that have adopted breed-related restrictions in Michigan include several communities in Wayne, Oakland, and Macomb counties. The specific requirements vary but often include mandatory spay/neuter requirements, secure enclosure specifications, muzzle requirements in public, liability insurance minimums (often $100,000 or more), and registration with local animal control. Violations of these ordinances can result in fines, criminal misdemeanor charges, and seizure of the animal.

For dog bite victims, the existence of a local breed-specific ordinance is important because a violation of the ordinance by the dog owner constitutes negligence per se. This means that if an owner violated a BSL requirement and their dog subsequently attacked someone, the violation itself establishes the owner's negligence without the victim needing to prove anything further about the owner's carelessness.

Insurance Exclusions for Certain Breeds

One of the most significant practical impacts of breed on dog bite claims involves homeowner's and renter's insurance. Many insurance companies in Michigan maintain lists of excluded breeds for which they will not provide liability coverage. When a dog on the excluded list bites someone, the owner's insurance company may deny the claim entirely, leaving the victim to collect only from the owner's personal assets.

Breeds commonly excluded from insurance coverage include pit bulls and pit bull mixes, Rottweilers, Doberman Pinschers, German Shepherds, Chow Chows, Akitas, Wolf hybrids, Presa Canarios, and Staffordshire Bull Terriers. Some insurers maintain even longer lists or use broader categories that sweep in mixed-breed dogs with certain physical characteristics.

For victims of attacks by excluded breeds, the insurance exclusion creates a serious challenge. Without insurance coverage, the dog owner may be personally responsible for damages but lack the financial resources to pay a judgment. This is why experienced attorneys investigate all potential sources of recovery, including landlord liability, property owner negligence, and whether the owner misrepresented their dog's breed to obtain insurance coverage (which may estop the insurer from denying the claim).

Some Michigan insurers offer coverage for excluded breeds at higher premiums or with specific requirements such as completing a canine behavior course, maintaining specific containment measures, or carrying a separate animal liability policy. Victims should not assume that no insurance exists simply because the dog is a commonly excluded breed.

Owner Responsibility and Enhanced Liability

While Michigan's strict liability statute treats all breeds equally, the practical reality is that owners of breeds known for powerful bites and aggressive tendencies may face enhanced scrutiny regarding their duty of care. Courts and juries consider whether an owner took precautions appropriate to the known risks associated with their specific animal.

An owner of a large, powerful breed who fails to maintain adequate fencing, allows the dog to roam off-leash, or ignores early warning signs of aggression may be found to have acted with greater negligence than an owner of a smaller breed exhibiting similar behavior. While this does not change the strict liability standard, it can significantly affect damages awards, particularly punitive damages in cases of egregious negligence.

Michigan's dangerous animal statute (MCL 287.321-287.325) provides for a dog to be declared "dangerous" after certain behavior, including biting a person without provocation or killing another dog. Once declared dangerous, the owner must comply with strict requirements including proper enclosure, warning signs, muzzling in public, and liability insurance. Failure to comply can result in criminal prosecution and destruction of the animal. While this statute is breed-neutral, dogs of certain breeds are statistically more likely to trigger dangerous dog proceedings due to the severity of injuries they inflict.

Statistics on Breed-Related Attacks

Data on dog bite fatalities and severe injuries consistently shows that certain breeds are disproportionately represented in serious attack cases. According to studies examining fatal dog attacks in the United States, pit bull-type dogs and Rottweilers together account for the majority of dog bite fatalities. Pit bull-type dogs alone are responsible for the largest share of fatal attacks, despite representing a relatively small percentage of the overall dog population.

However, interpreting these statistics requires important caveats. Breed identification in bite reports is often inaccurate, with studies showing that visual breed identification by animal control officers and medical professionals is wrong approximately 60 percent of the time. Dogs with broad heads and muscular builds are frequently labeled as "pit bulls" regardless of their actual genetic makeup. Additionally, reporting bias means that bites by large, strong breeds are more likely to be reported because they cause more serious injuries, while bites by smaller breeds often go unreported.

What the statistics clearly demonstrate is that attacks by large, powerful breeds result in more severe injuries. The bite force of a pit bull, Rottweiler, or German Shepherd far exceeds that of smaller breeds, meaning attacks by these dogs are more likely to cause deep tissue damage, broken bones, nerve damage, and life-threatening injuries. This severity directly translates to higher medical costs, longer recovery periods, more significant scarring, and greater pain and suffering in personal injury claims.

How Breed Affects Your Liability Claim

While breed does not change the legal standard for liability in Michigan, it affects your claim in several practical ways. First, the severity of injuries from large breed attacks typically results in higher medical expenses, making the overall claim value greater. Second, the dog's breed may affect available insurance coverage and the strategies needed to secure full compensation.

Third, if the owner was violating a local breed-specific ordinance at the time of the attack, that violation establishes negligence per se and may support a claim for punitive damages. Fourth, evidence that the owner knew their breed required extra precautions but failed to take them strengthens arguments for enhanced damages.

An experienced dog bite attorney will investigate the specific breed involved, any local ordinances that apply, the owner's insurance coverage, whether the owner was in compliance with all applicable regulations, and whether additional parties such as landlords or property managers share liability for failing to enforce breed restrictions in their lease agreements.

What to Do After a Dangerous Breed Attack

If you or a loved one has been attacked by a dog of any breed, take immediate steps to protect your health and your legal rights. Call 911 if injuries are serious. Seek medical attention even for seemingly minor wounds, as bites from large breeds can cause internal tissue damage that is not immediately visible.

Report the attack to local animal control immediately. This triggers the quarantine and investigation process and creates an official record. If possible, photograph the dog, the scene, and your injuries. Obtain the owner's information including their name, address, and insurance carrier.

Do not give a recorded statement to any insurance company before consulting with an attorney. Insurance adjusters for excluded breeds may try to deny coverage or minimize the claim. An attorney experienced in Michigan dog bite cases can navigate breed-specific insurance issues, identify all liable parties, and pursue the full compensation you deserve for your injuries.