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UNDERSTANDING “FAULT” IN A DOG BITE CASE

Last updated: October 2026

Key Takeaways

Michigan and Ohio both hold dog owners strictly liable, so a victim does not have to prove the owner was careless or that the dog had bitten before.
The owner’s only defenses are the ones written into each state’s statute, chiefly provocation and trespass, and a victim’s partial fault does not reduce an award under the statute the way it would in an ordinary negligence case.
Michigan claims must be filed within three years; Ohio negligence claims within two years, although Ohio courts have applied a six-year period to the statutory claim, and both states give children extra time.
Ohio rewrote its dog-control law effective March 20, 2026; the general confinement rule is now ORC 955.21, and owners of designated dangerous or vicious dogs must carry $100,000 in liability insurance.

You were just minding your own business when, out of nowhere, a dog comes up and bites you. Or maybe this dog has a reputation as a neighborhood troublemaker, and you feared this day would come. Now that it has, what do you do?

You are not alone. According to the U.S. Postal Service’s 2025 dog attack data, released in May 2026, Ohio ranked third in the nation with 287 attacks on mail carriers and Michigan ranked ninth with 174, and those figures count only one category of victim. Nationally, insurers paid 28,450 dog-related injury claims in 2025, with an average payment of $65,450 per claim, according to the Insurance Information Institute and State Farm.

If you’ve been injured by a dog in Michigan or Ohio, you need the services of an experienced dog bite attorney. We have over 75 years of experience in personal injury law, including numerous dog bite cases. Contact us at Ronald S. Weiss, Attorney & Counselor today to schedule a free consultation.

Dog Bite Liability in Michigan

Michigan is a strict liability state when it comes to dog bites, meaning that a dog doesn’t need a prior history of biting or aggression for the owner to be held liable for an injury caused by their dog.

There are a few exceptions to owner liability, however, including:

You were provoking the dog
You were trespassing on the owner’s property
You were legally on the property but were there to commit a crime or other unlawful activity

If you were bitten or attacked by a dog and none of these exceptions applies, the owner is liable under MCL 287.351. Two points about “fault” matter here. First, the Michigan Court of Appeals has held that comparative fault does not apply to a claim under the dog bite statute. In an ordinary injury case, a victim who was partly at fault has the award reduced by that percentage; under the statute, the only question is whether one of the exceptions applies, and if none does, the owner is fully liable.

Second, provocation does not have to be intentional. Michigan courts have found that unintentional acts, such as stepping on a dog or reaching toward it suddenly, can be provocation, although only the victim’s own conduct counts, not a loud noise or another animal. In practice, most of the cases we handle do not involve those narrow exceptions, but the facts of the moments before the bite should be documented carefully.

Michigan Statute of Limitations

The statute of limitations for a Michigan dog bite claim is three years from the date of the injury under MCL 600.5805. A victim who was under 18 at the time of the bite has until one year after his or her 18th birthday to file under MCL 600.5851. A parent’s own claim for the medical bills the parent paid is subject to the standard three-year period.

Michigan Leash Laws

Dog owners are required to keep their dogs on leashes so they don’t “stray,” according to Michigan Compiled Laws § 287.262. This is important to keep in mind if you’ve been attacked by an off-leash or stray dog. Also, many cities, villages, and townships have their own leash laws.

Dog Bite Liability in Ohio

Like Michigan, Ohio is a strict liability state, meaning there’s no need to prove that the dog is dangerous or has bitten before.

Ohio has similar exceptions to owner liability, which include the following:

You were teasing, tormenting, or abusing the dog on the owner’s property.
You were committing criminal trespass on the owner’s property.
You were committing or attempting a criminal offense other than a minor misdemeanor on the owner’s property or against any person.

Again, if one of these exceptions applies, the owner may not be liable under the statute. Otherwise, ORC 955.28 makes the dog’s owner, keeper, or harborer liable for any injury, death, or loss the dog causes, not only bites. As in Michigan, the Ohio Supreme Court has held that the statutory exceptions are the owner’s only defenses and that assumption of the risk does not reduce the claim, so a victim’s partial fault matters only in a separate negligence claim.

The exceptions for teasing and trespass apply to conduct on the owner’s property, which means they do not protect an owner whose dog bites someone on a sidewalk or in a park.

Ohio Statute of Limitations

The statute of limitations for an Ohio dog bite claim depends on the claim. A negligence claim must be filed within two years of the injury under ORC 2305.10. Ohio courts have applied a six-year period to the strict liability claim under ORC 955.28 because it is a liability created by statute, but filing within two years protects both claims and avoids a dispute over which period applies.

For a victim who was under 18 at the time of the bite, ORC 2305.16 pauses the deadline until the child turns 18. Filing promptly is advisable in every case, because evidence and witnesses are lost long before either deadline.

Ohio Leash Laws

Ohio leash law does not require a leash in every situation. Under ORC 955.21, which took effect March 20, 2026, as part of House Bill 247, an owner must keep the dog confined or restrained on the owner’s premises, by leash, tether, fence, supervision, or secure enclosure, and under the control of a responsible person.

A leash is one way to comply, but the statute sets no leash length for ordinary dogs. Dogs that have been designated dangerous or vicious are treated differently: under ORC 955.24, they must be kept in a locked enclosure and, when off the property, on a chain-link leash no longer than six feet and muzzled, enclosed, or handled by a capable adult, and the owner must carry at least $100,000 in liability insurance. Most Ohio cities and counties have their own leash ordinances that require a leash in public regardless of the state rule. Whether a dog was leashed does not change the owner’s liability under ORC 955.28, and the question of who is liable if the dog was not on a leash almost always comes back to the owner.

While the law may seem confusing, you don’t have to go through this alone. Experienced attorneys can help you file a case against a dog owner whose dog has bitten or attacked you or your loved one. You certainly want to take the best steps to secure compensation for your injuries.

Seeking Legal Advice?

Being bitten or attacked by a dog is a scary experience, and it can be tough to figure out how to move forward with an injury claim against the dog’s owner. You’ll want to work with someone who has decades of experience in this specific area of the law to help you figure out the complex decisions regarding your claim and what it might (or might not) be worth.

We have over 75 years of combined experience and know-how to work with clients who have suffered serious dog bite injuries. We also understand the special circumstances involved when children are injured by dogs in Michigan or Ohio and will give you honest feedback about your case.