All The Law You Need To Know A Guide to Practical Law by Real Lawyers with Real Experience

Dogs

Your neighbor, Chet, doesn’t pick up what his dog, Slider, leaves behind on his nature walks.  Can I do anything about this?

1. No, dog manure is not considered a toxic waste.
2. Yes, you can install an electric fence and shock Slider when he walks onto your yard.
3. No, Chet can’t be responsible for Slider’s natural bowel movements.
4. Yes, Chet can be charged with a Misdemeanor.

The answer is (d), if you live in a community like Walled Lake, MI, where the city council enacted a local law that states that no one can let their dog on someone else’s property to defecate on that property without the owner’s permission.  DO NOT INSTALL AN ELECTRIC FENCE! 

What if Chet has a pooper scooper and starts cleaning up after his dog?

Now Chet is in the clear by the law above, since they put in an exception for people who use a pooper scooper. 

If your dog, Feido, crosses the street and bites your neighbor’s dog, Chewy, can you be charged criminally?

1. No, since you can’t be charged with a crime against an animal.
2. No, because you can’t be criminally responsible for your dog’s actions.
3. Yes, if you enabled the dog to escape your property.
4. Yes, you are always responsible for your dog’s attacks.

The answer is c.  If the owner of an animal permits or enables their dog to run at large, they can be charged with a Misdemeanor.  For example, if the dog is not on a leash, and there is no fence, the owner of the dog would be charged with “Animals Running at Large.”  Be careful, though.  If you leash your dog, but don’t use a leash that’s strong enough to hold the dog, you could be liable if it breaks free!

What are the implications if your dog, Feido, bites a girl in Feido’s backyard?

Basically, under Michigan’s Dog Bite Statute, you’re liable for any injury to someone who’s legally on your property.  This is true even if the dog has never been vicious before.  If they’re not there legally, though, then it’s a different story. 

What about if your dog bites a kid who’s poking him with a stick in your backyard?

If the dog is provoked, then you’re not liable for the bite.

What if Feido bites the nieghbor’s dog in Feido’s backyard?

Chances are very slim that Feido’s owner would be liable.  The dog who was bitten actually qualifies as a dog that is at large, since it’s obviously not under its owner’s control.  Of course, this changes is Feido is on a leash but roaming in a front yard that another dog can walk onto.