Michigan Dog Bite Lawsuit Complaint

Our dog bite injury lawyers at Buckfire & Buckfire, P.C. have significant experience when it comes to filing a lawsuit on behalf of an injured claimant. As a resource to our clients, we have provided an example below of what an actual complaint looks like when filing a Michigan dog bite lawsuit.

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF

JANE DOE,

Plaintiff

vs.

RICHARD ROE,

Defendant,

___________________________________/

LAWRENCE J. BUCKFIRE P42841

Attorney for Plaintiff

29000 Inkster Road, # 150

Southfield, MI 48034

(248) 569-4646

___________________________________/

COMPLAINT

NOW COMES the above-named Plaintiff and through her attorneys, BUCKFIRE & BUCKFIRE, P.C., and for

her Complaint and Jury Demand against the above named Defendant, states as follows:

COMMON ALLEGATIONS

1. That the Plaintiff, JANE DOE, is a resident of the City of Birmingham, County of Oakland. State of Michigan.
2. That the Defendant, RICHARD ROE, is a resident of the City of Farmington Hills, County of Oakland, State of Michigan.
3. That the amount in controversy, exclusive of interest, costs, and attorney’s fees, exceeds Twenty Five Thousand ($25,000.00) Dollars.

STATUTORY CLAIM

4. Plaintiff incorporates by reference paragraphs 1 through 3 as if fully stated herein.
5. That on or about June 11, 2018, the Defendant owned, possessed, permitted, harbored and/or kept an Akia breed of dog named Chewy.
6. That on or about June 11, 2018, before 1:00 p.m., Plaintiff was lawfully inside the home of the Defendant  when Defendant’s dog attacked and bit the Plaintiff in the face.
7. That at the aforementioned date, time and place, the Defendant’s dog attacked and bit the Plaintiff without provocation causing the Plaintiff to sustain injuries and damages as hereinafter described.
8. That based on the foregoing, Defendant is liable to the Plaintiff for the injuries and damages she sustained as a result of the dog bite, pursuant to MCL 287.351, which provides that if a dog bites a person, without provocation the owner of the dog shall be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.
9. That as a direct and proximate result of the aforementioned dog bite, the Plaintiff suffered and sustained personal injuries to her person and body, including, but not limited to: permanent scarring to her face and all of the sequelae and symptoms associated therewith.  Furthermore, the injuries sustained by the Plaintiff may not, as of yet, have fully manifested themselves.
10. That as a further direct and proximate result of the dog bite, the Plaintiff has suffered and sustained, and will continue to suffer and sustain, the following damages: physical pain and suffering, permanent scarring, physical disability, mental anguish, fright and shock, denial of everyday social pleasures and enjoyments, embarrassment, humiliation, and medical expenses.
11. That the injuries sustained by the Plaintiff, as aforesaid, required that she receive medical care and treatment and incur medical expenses, and that she endure substantial physical discomfort and interference with her normal personal, social, vocational, educational and recreational activities.

           WHEREFORE, Plaintiff demands Judgment against Defendant in such an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, along with costs, interest, and attorney’s fees.

COUNT III – COMMON LAW NEGLIGENCE CLAIM

12. Plaintiff incorporates by reference paragraphs 1 through 11 as if fully stated herein.
13. That at the date, time, and place as aforesaid, Defendant owed a duty of care to the public in general, and to the Plaintiff in particular, to use ordinary care under the circumstances to control and/or restrain their dog where it would reasonably be expected that injury could occur.
14. That, notwithstanding this duty as well as those imposed upon the Defendant by MCLA 287.262, said Defendant did violate said duties and were negligent by the following acts and/or omissions:

1. By negligently failing to exercise reasonable care under the circumstances to protect against the hazards and dangers arising from the existence of the vicious dog;
2. By failing to exercise due care and caution in leashing, controlling and/or restraining Defendants’ dog;
3. By allowing the existence of said dog upon the premises over a considerable period of time, when the Defendant knew or by the exercise of reasonable care should have known that said dog would cause persons lawfully upon or near the premises, or more particularly Plaintiff herein, to be attacked and/or bitten;
4. Further violations of Michigan Statutes, County and City statutes and/or ordinances;
5. By the commission of other acts of negligence and/or omission which are herewith reserved for proof at the time of trial.

15. That as a direct and proximate result of the aforementioned dog bite, the Plaintiff suffered and sustained personal injuries to her person and body, including, but not limited to: permanent scarring to her face and all of the sequelae and symptoms associated therewith.  Furthermore, the injuries sustained by the Plaintiff may not, as of yet, have fully manifested themselves.
16. That as a further direct and proximate result of the dog attack and bite, and of the aforementioned negligence of the Defendants as stated herein, the Plaintiff has suffered and sustained, and will continue to suffer and sustain, the following damages: physical pain and suffering, permanent scarring, physical disability, mental anguish, fright and shock, denial of everyday social pleasures and enjoyments, embarrassment, humiliation, and medical expenses.
17. That the injuries sustained by the  Plaintiff, as aforesaid, required that she receive medical care and treatment and incur medical expenses, and that he endure substantial physical discomfort and interference with her normal personal, social, vocational and recreational activities.

WHEREFORE, Plaintiff, demand Judgment against Defendant in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, along with costs, interest, attorney’s fees.

Respectfully submitted.

BY:     /s/ Lawrence J. Buckfire

LAWRENCE J. BUCKFIRE P42841

Attorneys for Plaintiff

29000 Inkster Road, Suite 150

Southfield, MI, 48034

(248) 569-4646

Dated:  June 15, 2019