Trespassing Hands: Michigan Court of Appeals Rules Dog Owners Not Liable When Hand Placed Over Fence is Bitten

In Thomas Cummings v Darrell Girtman and Deborah Girtman, unpublished decision of the Court of Appeals, issued December 12, 2017 (Docket No. 334015), the Court determined slight or incidental trespass onto a defendant’s property is enough to trigger the trespass defense in a dog bite case. Here, the extension of a part of Plaintiff’s hand over a fence without permission was enough to support dismissal of the case.

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