April 17, 2008, Introduced by Senators GARCIA, GLEASON, ANDERSON and CROPSEY and referred to the Committee on Judiciary.
A bill to amend 1939 PA 73, entitled
"An act providing for the recovery of damages by persons bitten by
dogs; and creating a liability of the owners of such dogs,"
by amending the title and section 1 (MCL 287.351), section 1 as
amended by 1988 PA 142.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act providing to provide for the recovery of damages by
persons
bitten by dogs caused by dog
bites; and creating to create
a
liability of the owners of such dogs.
Sec.
1. (1) If a dog bites a person, an
individual without
provocation
while the person individual
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 is liable for any damages
suffered
by the person individual bitten, regardless of the former
viciousness
of the dog or the owner's knowledge of such that
viciousness.
(2) If a dog bites another dog or companion animal without
provocation while the other dog or companion animal is on public
property or lawfully on private property, including the property of
the owner of the biting dog, the owner of the biting dog is liable
for any damages suffered by the owner of the injured dog or
companion animal, including veterinary expenses incurred by the
owner, regardless of the former viciousness of the biting dog or
the owner's knowledge of that viciousness.
(3) (2)
A person An individual is lawfully on the private
property of the owner of the dog within the meaning of this act if
the
person individual is on the owner's property in the performance
of
any a duty imposed upon him or her on the owner by the laws of
this state or by the laws or postal regulations of the United
States , or if the person individual is on the owner's property as
an invitee or licensee of the person lawfully in possession of the
property
unless said person the
individual has gained lawful entry
upon
on the premises for the purpose of an unlawful or
criminal
act.
(4) As used in this section, "companion animal" means an
animal, including a dog, cat, rabbit, companion bird, or other
nonlivestock animal, commonly considered to be, or considered by
the owner to be, a pet.