Dog Bite FAQs
Ronald S. Weiss, Attorney & Counselor represents dog bite victims throughout Michigan and Ohio, and both states hold dog owners strictly liable for bites. In our Q+As below, where the two states' rules differ, the answer says so and links to the state page with the details.
What should I do immediately after a dog bite?
Get medical care first. Call 911 or go to an emergency room for a serious wound, and see a doctor the same day for any bite that breaks the skin. Then gather the information you will need later:
The dog owner's name, address, and phone number, and the name of whoever was handling the dog if the owner was not present.
The dog's rabies vaccination status, which the owner should be able to show you.
Names and contact information for any witnesses.
Photographs of your injuries, your torn or bloodied clothing, the dog, and the place where the bite happened.
Report the bite to the local health department within 24 hours, which the law requires in both states, and avoid discussing fault with the owner or the owner's insurer until you have spoken with an attorney.
The first steps to take after a dog bite are the same in both states, and so are the common mistakes that can harm a claim, most of which involve waiting too long or saying too much.
Should I seek medical attention even if the bite seems minor?
Yes. Dog bites carry a high risk of infection because bacteria from the dog's mouth are pushed deep into the wound, and a bite that looks small can develop into cellulitis, sepsis, or a joint infection within days. A doctor will clean the wound, evaluate the need for a tetanus booster and antibiotics, and determine whether rabies treatment is warranted.
Prompt treatment also limits scarring, which is one reason seeking medical attention after a dog bite matters even when the wound seems minor. When you see the doctor, give a complete account of how the attack happened, because the medical record becomes the first written description of the incident and medical records strengthen a dog bite claim more than any other evidence.
Should I report the attack?
Yes, and the report is required, not optional.
Both Michigan and Ohio require a dog bite to be reported to the local health department within 24 hours. In Ohio, the rule applies to the treating medical provider, any veterinarian with knowledge of the bite, and the person who was bitten, and the report goes to the health district where the bite occurred. In Michigan, anyone with knowledge of a bite that could involve rabies exposure must report it to the local health department.
Hospitals and urgent care clinics routinely make the report, but you should confirm it was made. The health department will check the dog's vaccination records and normally order the dog observed for 10 days for signs of rabies.
You can also file a report with animal control or the dog warden, which can investigate the dog's history. The report creates an official record of the date, the dog, and the owner, which is often the most useful piece of evidence in a later claim.
The rules for each state are explained in our discussions of whether doctors have to report dog bites in Michigan and whether doctors have to report dog bites in Ohio.
Should I take photographs of my injuries?
Yes, even if you are not sure you will pursue a claim. Photograph the wounds on the day of the bite and again as they heal, since swelling, bruising, and scarring change over time and insurers often question injuries that were not documented early.
Also, photograph the dog, the location, any fence or gate, and any damaged clothing or personal items. Keep the originals with their date stamps, and consider keeping a short written log as well, since documenting the details of your injuries and pain day by day captures what photographs cannot. If you later decide to make a claim, the records will be available; if you decide not to, nothing is lost.
Who can be held liable for a dog bite injury?
The dog's owner is responsible in both states.
Ohio law also makes a dog's keeper or harborer liable, which can include a person who was caring for the dog, and in limited circumstances a landlord or property owner who controlled the premises and knew the dog was dangerous.
Michigan's statute applies to the owner, and a person who had control of the dog may be liable under ordinary negligence principles.
Whether a leash was used does not decide liability: an owner is responsible for a bite by a leashed dog, and the question of who is liable if the dog was not on a leash usually comes down to the same owner, with the leash violation serving as additional evidence of negligence. Who else may share responsibility depends on the facts.
The rules on who is liable for a dog bite in Michigan and who is liable for a dog bite in Ohio differ in their details, and the Ohio rules changed in 2026 after an Ohio Supreme Court decision on landlord liability.
What if the dog has no history of viciousness?
It does not matter. Michigan and Ohio are both strict liability states, which means the owner is responsible for a bite even if the dog had never bitten or threatened anyone before. You do not need to prove that the owner knew the dog was dangerous or that the owner was careless.
The old "one bite" rule, under which an owner was liable only for a dog with a known history, does not apply in either state. The same logic answers a related question: a posted warning is not a defense either, as explained in our blog post about whether "beware of dog" signs protect the dog owner.
How do I prove a dog bite claim?
Because both Ohio and Michigan impose strict liability, you do not have to prove the owner was negligent. You do have to prove that the dog bit you, that you were lawfully where you were, that you did not provoke the dog, and the extent of your injuries.
The evidence that carries a claim is practical: medical records, the health department report, photographs, witness statements, the owner's identity and insurance, and any animal control records showing the dog's history. The steps involved in proving your dog bite claim are mostly about collecting these records early.
Owners and their insurers most often respond by arguing provocation or trespass, which are the defenses the statutes allow, so a clear account of what happened in the moments before the bite matters more than anything else.
Can I still recover if I was partially at fault?
Usually, yes. In most injury cases, a victim's compensation is reduced by the victim's share of fault, but the dog bite statutes in Michigan and Ohio work differently, and understanding fault in a dog bite case starts with the statute rather than with general negligence rules.
The owner's defenses are limited to the ones written into the statute, chiefly that the victim provoked the dog or was trespassing, and in Ohio that the victim was committing a crime or teasing, tormenting, or abusing the dog on the owner's property. If none of those applies, the owner is fully liable under the statute. If the owner can show provocation, the statutory claim may fail entirely.
Facts such as ignoring a "beware of dog" sign or petting a dog against the owner's advice are not defenses on their own, but an insurer may use them to argue provocation, so they should be discussed with an attorney. Comparative fault, where an award is reduced by percentage, applies only to a separate negligence claim.
Is there any insurance that would pay for my injuries?
In most cases, the dog owner's homeowners or renters insurance policy covers dog bite claims, and that policy is the usual source of payment.
If the bite happened on business premises, the business's liability policy may apply. If the owner has no insurance, a claim can still be made against the owner personally, although collecting a judgment is harder.
Your own health insurance will pay your medical bills in the meantime, and the health insurer may be entitled to reimbursement from any settlement, which an attorney can negotiate. The question of who pays the medical bills after a dog bite therefore has a short-term answer and a long-term one. The owner's insurer is not required to tell you the policy limits, so part of the attorney's work is identifying every available policy.
Should I give a statement to the homeowner's insurance company if they call?
No, not before you have spoken with an attorney. The adjuster who calls works for the dog owner's insurer, and the purpose of the call is to obtain a recorded account that can be used to argue provocation, trespass, or a less serious injury.
You are not required to give a recorded statement to another person's insurer. Take the adjuster's name and claim number, say that you will have your attorney contact them, and end the call. Do not sign any release or accept any payment, since an early settlement closes the claim before the full extent of the injury is known. The same caution applies to protecting your rights during a dog bite investigation by animal control or the health department, where you should cooperate fully with the facts but avoid speculating about fault.
What damages can I recover in a dog bite case?
A dog bite claim can include the following:
Medical expenses, including emergency care, surgery, rabies treatment, and future treatment such as scar revision or reconstructive surgery.
Lost wages and loss of future earning capacity.
Pain and suffering, including emotional trauma and fear of dogs, which is common in children.
Scarring and permanent disfigurement.
Property damage, such as torn clothing or a damaged phone.
When the victim is a child, a parent may also recover the medical expenses the parent paid, and there are critical considerations for parents following a dog bite involving children that affect both the deadline and the settlement process.
Facial bites and hand bites often require compensation for dog bite injuries requiring plastic surgery years after the initial wound heals, and future surgery should be included in the claim rather than left out. Ohio caps pain and suffering damages in many injury cases, but the cap does not apply to permanent and substantial physical deformity, which covers many serious facial and hand bites.
How much are my injuries worth?
The value of a claim depends on the severity and permanence of the injury, the cost of past and future treatment, the amount of lost income, the location of scarring, the victim's age, and the insurance available. Two bites that look similar on the day they happen can have very different values once healing is complete.
No reliable figure can be given without medical records and a review of the facts, and the methods insurers use to decide how pain and suffering is calculated in a dog bite claim are estimates, not rules. Contacting the office soon after the attack allows the claim to be documented correctly from the beginning, which is the single largest factor in what it is ultimately worth, and it also affects how long a dog bite settlement takes.
How long do I have to pursue a claim?
The deadline differs by state. Michigan allows three years from the date of the bite for an adult's claim. Ohio allows two years for a negligence claim, and Ohio courts have applied a longer period to the claim under the dog bite statute, but filing within two years protects both. Both states give a child who was bitten additional time after turning 18, and both require court approval of a minor's settlement.
Evidence fades well before any deadline, which is the main reason to contact a lawyer soon after your dog bite rather than waiting until the injury has healed.
Do I need an attorney for a dog bite claim?
You are not required to hire a personal injury lawyer, but most dog bite claims are paid by an insurance company that handles these claims every day, and the insurer's adjuster is trained to limit what it pays.
An attorney identifies every responsible party and policy, gathers the health department and medical records, handles the insurer's calls, calculates the full value of the claim including future treatment, and files suit before the deadline if the insurer will not pay a fair amount.
Ronald S. Weiss, Attorney & Counselor has handled dog bite claims in Michigan and Ohio for decades, the initial consultation is free, and we will discuss your case by phone no matter where in either state you live.