Legal Question in Civil Litigation in Michigan
recently, I was injured due to a neighbor's negligence. Specifically, what happened was that I took my sister's dog out in the yard to go potty. The dog is vaccinated for rabies and licensed here in Michigan. I had her on a leash and we were in our yard on property that my sister and I own jointly. Apparently, the neighbor directly across the street from our residence had left his dog outside in his backyard and had left for the day. His dog got out somehow and trespassed on our property. When my sister's dog barked at it, the dog charged the both of us. It was about 150' away. I tried to protect my dog by picking her up and taking her to the safety of our home but, the "bad" dog beat us to the steps of my porch. A struggle ensued and I was bitten, knocked off the third step leading into my house and fell to the ground which then made both me and my dog vulnerable to the continued attack by my neighbor's dog.
The end result of this incident is that my sister's dog endured injuries severe enough to be life-threatening. Her vet bills total around $3,400.00. My sister has been told that she has a case that could be filed in MIchigan's Small Claims Court against the attacking dog's owners but, that I can't get "damages" beyond the vet bills.
I don't understand. My injuries kept me away from my job for over 10 days. between my out-of-pocket expenses, lost wages, co-pays and deductible on my health insurance plan, I'm out at least $1,500. Also, the owners NEVER vaccinated their dog for rabies and I had a lot of emotional distress while I waited for the dog to be cleared of rabies symptoms after a 10 day quarantine. Also, I believe I may have suffered some nerve damage to my right thumb and forearm where I landed on it when I fell. I would need a neurologist to evaluate me to determine the severity of the injury but, I can't afford any more doctor's visits. Shouldn't I be able to recover ALL the money I'm out because my neighbor was negligent when he left his property? He didn't insure his dog was properly secured on his property.
2 Answers from Attorneys
Based on the information above you definitely have a claim. You will need to detail all your damages for your claim. You also have a claim for emotional distress as I am quite sure you were scared during the attack. Any competent attorney in your area should be able to provide representation.
I agree. The dog bite statute is very victim friendly. Contact me at kliszlaw.com to discuss further. Thanks, Tim Klisz
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