Giroux Amburn, P.C.

Dog Bite

Protecting You When the Neighbor’s Dog isn’t Your Best Friend

A dog is a man’s best friend. But sometimes, a negligent owner can cause serious harm to a neighbor, friend, or passerby by failing to keep control of their dog. The personal injury attorneys at Giroux Amburn in  Southfield know that there is no excuse for negligence, and that dog owners should pay for their dog’s bad behavior, not you.

The most common breeds implicated in dog bite cases include:

  • Pit bulls
  • Rottweilers
  • German Shepherds
  • Wolf hybrids
  • Bullmastiffs
  • Dobermans

However, any dog breed can cause injury when their owner fails to properly attend to the dog, just as any breed can make a sweet, loving companion when properly handled. Even docile breeds or old dogs can lash out at times.

In order to prove owner negligence in a dog bite case, you must prove:

  • That the owner had a duty of care to control the dog’s behavior (within reason)
  • The owner failed to meet that duty (i.e. negligence)
  • That negligence resulted, directly or indirectly, in your injuries

Also, Michigan has leash laws that make a dog owner strictly liable for not keeping the dog on a leash or within an enclosure.  Under these laws, there is no need to prove the elements of negligence.

Did you suffer any of the following injuries due to an owner’s negligence or due to an unleashed dog?

  • Puncture wounds
  • Eye and facial injuries
  • Broken bones
  • Rabies
  • Infections
  • Head and neck injuries
  • Emotional distress
  • Nerve and deep tissue damage

Depending on the severity of your injuries, you may be entitled to compensation. Let the attorneys at Giroux Amburn help.

We’re experienced personal injury attorneys who go the extra mile to meet you where you need us, whether that’s in your home, at an office, or elsewhere. We take the time to understand each small detail of your case so that we can give you the best recommendations and educate a jury in your favor.

Frequently Asked Questions

Q: What are my civil rights?

Generally speaking, your civil rights are those enumerated under the US Constitution and legislative acts. Civil rights are typically those considered to be related to an individual’s political and social freedom and equality.  These rights range from your right to free speech to your right to an attorney.

Q: What rights do I have if I’ve been arrested?

The most important rights to consider if you’ve been arrested or picked up by police are the right to an attorney, the right to avoid self-incrimination, and the right not to be unlawfully detained. You can always refuse to answer questions and request an attorney. If you have not been formally placed under arrest, you have the right to leave police custody. If you’ve been placed under arrest, the police have a certain amount of time they can hold you without formally filing charges. Even after you have been formally charged, you have the right to request a non-punitive bail, which can be granted or denied at the judge’s discretion.

Q: What is the statute of limitations for a civil rights claim?

Depending on the claims alleged, civil rights violations have varying statutes of limitations under state law. Federal courts typically apply the laws of the forum state in assessing the applicable statute of limitations. If you believe your rights have been violated, you should speak to a lawyer immediately.

Q: What are common types of civil rights claims?

Technically, a civil rights claim can be any act that in some way has infringed upon an individual’s autonomy.  The most common types of civil rights claims involve abuse by government actors, such as police brutality or misconduct, or agencies, wrongful termination, and employment discrimination.

Q: I believe my rights have been violated by the government or one of its officers. Do I have a claim?

Government actors and officers are protected by governmental and qualified immunity that bars claims. However, if it can be proven that the government or its officer acted with gross indifference or acted in a way that serves as an exception to their governmental immunity, you can pursue a claim.

Q: What is a 1983 complaint?

The most common type of civil rights claim is a federal 1983 claim. 1983 claims are those raised under 42 USC 1983, which governs the actions of governmental agents, like police officers. 1983 claims are often asserted when an individual has been assaulted by a police officer, a government funded institution commits a tort, or an individual suffers an injury or death while incarcerated.

Q: Can I file a civil rights claim on behalf of a family member or friend?

You can only file a civil rights claim on behalf of someone other than yourself if one of the following exceptions applies: wrongful death cases, an incapacitated plaintiff, a minor plaintiff, or a class action case.

Q: What is the difference between a civil and a criminal violation of civil rights?

A criminal civil rights violation involves the use or threat of force. A civil violation of civil rights involves no violence, only discriminatory behavior. Criminal violations carry incarceration penalties, while civil violations carry monetary penalties.

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