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In 2015 what law was passed for landlords that are not held…

Customer Question
In 2015 what law...

In 2015 what law was passed for landlords that are not held responsible on their rental home if a dog bites a neighbor that is a guest dog eat the rental property?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Michigan

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Yes

Submitted: 2 months ago.Category: Landlord-Tenant
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Answered in 6 minutes by:
5/31/2018
Lawyer: Sean K, Lawyer replied 2 months ago
Sean K
Sean K, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 976
Experience: Attorney/Member in Private Law Firm
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Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

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Lawyer: Sean K, Lawyer replied 2 months ago

I verified against the Michigan statute and will post the applicable section for you.

In Michigan, the owner is responsible for the actions of the dog. No mention of any landlord liability. That being said, the statute - which addresses the premise you raised - appears to have been on the books for sometime and I have been unable to locate any 2015 act in Michigan.

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Lawyer: Sean K, Lawyer replied 2 months ago

287.351 Person bitten by dog; liability of owner.

Sec. 1.

(1) If a dog bites a person, without provocation while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.

(2) A person is lawfully on the private property of the owner of the dog within the meaning of this act if the person is on the owner's property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or if the person is on the owner's property as an invitee or licensee of the person lawfully in possession of the property unless said person has gained lawful entry upon the premises for the purpose of an unlawful or criminal act.

It looks like the last time there was any legislative activity on this account was in 1989.

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Customer reply replied 2 months ago
Here is what happened, a rental house with renters asked and insisted to come over and meet her sister and brother in law 6/22/15.
Lawyers helped me receive a 500,000. Bankruptcy judgement, and husband 750,000. Judgement.
Permanently disabled, almost lost my leg, 2015 from cellulitis infection. Dog was the visitors dog.
I want to sue the corporation insurance on the rental house, renters didn't have any renters insurance.
Landlord has a million on the house.
Injury happened in 2015.
Was their a law changed for landlords in 2015 in Michigan? If so, before or after June?
Customer reply replied 2 months ago
Can we talk tomorrow, anytime after 10am, EST?
Lawyer: Sean K, Lawyer replied 2 months ago

I should be around tomorrow. Now there is an exception that could be pursued if the landlord had notice the dog was an issue. However, the law as it stands now centers on the owner's liability.

I will look again, but the last action by the legislature on the law I sent over - which is the Michigan dog bite law - was in 1989 and not 2015.

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Lawyer: Sean K, Lawyer replied 2 months ago

I have been able to locate some case law - judge made law - that supports that the landlord could be looked to for dog bites.

However, an important point on that would be that if it was to be pursued via lawsuit, the statute of limitations is 3 years from the date of the dog bite. If the dog bite happened in June of 2015, that means the statute of limitations runs next month so the lawsuit would have to be filed and served very quickly as if the statute of limitations runs, the lawsuit could not be pursued.

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Lawyer: Sean K, Lawyer replied 2 months ago

Please let me know if you have any further questions or if there are more questions based on what I have provided.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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