Give Chance a Chance–Provocation in Dangerous Animal Cases Under MCL 287.321 is Assessed on a Wholly Objective Standard

For the first time, Michigan’s Court of Appeals has established binding precedent on the meaning of the provocation exception that can prevent an animal from being classified as “dangerous” and, therefore, subjected to euthanasia under MCL 287.321, et seq. That is, provocation under the dangerous animal statute is analyzed under a “wholly objective standard,” similar to how traditional common-law negligence claims are analyzed under a reasonable prudent person standard. In re Chance, slip op. 4. With the Court having established a workable framework for provocation in dangerous animal cases, the next question will be whether such analysis can be equally applied to civil liability dog bite cases under the common law or MCL 287.351.