Dogs are Now Conditions on Land, but Unintentional Trespass Relieves Landowner of Dog Liability

This is the first published (and therefore binding) case in Michigan which has held that a dog can be a condition on the land for the purposes of a premises liability claim. Now, premises liability cases can be filed against landowners where dog bites happen with no alleged “defect of the property” other than the presence of a dog and regardless of who owns the dog. 

However, dog bite premises liability cases will be subject to premises liability defenses, such as lack of notice, trespass and the open and obvious.

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