M Civ JI 80.03 Dog Bite Statute - Definition of Provocation

When I say “provocation,” I mean any action or activity, whether intentional or unintentional, which would reasonably be expected to cause a dog in similar circumstances to react in a manner similar to that shown by the evidence.

Comment

In Brans v Extrom, 266 Mich App 216 (2005), the Court of Appeals held a person can commit unintentional acts that are sufficiently provocative to relieve a dog owner of liability under MCL 287.351. The Court held the trial court did not err in giving essentially the above instruction.

History

Added September 2006.