Michigan

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Titlesort descending Summary
Amburgey v. Sauder


Plaintiff was bitten by a horse as she walked through a stable.

 

The court determined that Plaintiff was a “participant” for the purposes of the Equine Activity Liability Act (EALA), and thus the Defendant stables owner was insulated from liability arising out of the unanticipated, abnormal behavior of the horse.

Bloomfield Estates Improvement Ass'n, Inc. v. City of Birmingham


In this Michigan case, a property association brought an action against the city of Birmingham to enforce a deed restriction. The association alleged that the city's plan to build a dog park violated the residential use restriction in the deed. The Circuit Court of Oakland County granted the city's motion for summary disposition; the Court of Appeals reversed. The Supreme Court held that the city's use of the lot as a “dog park" (a fenced area where dogs could roam unleashed with their owners) did indeed violate the deed restriction limiting use of land to “strictly residential purposes only.” Further, despite the association's failure to contest the previous use of the land as a vacant park, the association could contest the dog park violation because the former use was deemed a "less serious" violation.

Boulahanis v. Prevo's Family Market, Inc.
Michigan Court of Appeals affirmed that the Federal Meat Inspection Act prevents states from adding or modifying federal requirements on meat producers. Claims that purchased meat products are adulterated must be based on federal standards, not


Michigan


standards. The United States Department of Agriculture elected not to address E. coli contamination, thus


Michigan


may not impose liability on manufacturers for not addressing possible E. coli contamination.
Brans v. Extrom


When the plaintiff accidentally stepped on the dog, the dog bit him.  On the statutory claim, the jury found that the biting was with provocation even though from an unintentional act.  On the common law claim, the jury found that the incident did not result from the abnormally dangerous propensities of the dog. The court affirmed, finding the trial court correctly instructed the jury that an unintentional act could constitute provocation under the dog-bite statute.

Cole v. Ladbroke Racing Michigan, Inc.


Plaintiff, a licensed horse exercise rider sued the operator of a horse racing facility after he had been injured when he was thrown off a horse that he had been exercising, when the horse became spooked by a kite on the Defendant’s premises.

 

The court determined that the Equine Activity Liability Act (EALA) did not offer protection of immunity to the Defendant because the exercising was found to be an activity in preparation for a horse race and the EALA does not apply to “horse race meetings.”

 

However, the Plaintiff had previously signed a release, which covered “all risks of any injury that the undersigned may sustain while on the premises,” therefore, the Defendant was released from liability of negligence.

Detailed Discussion of Michigan Anti-animal Cruelty Law


This article details Michigan's animal anti-cruelty law. Included in the discussion is an examination of the intentional infliction of pain and suffering law, the duty to provide care law, the animal anti-fighting provision, among other topics. The article also examines the relevant constitutional provisions such as notice requirements, search and seizure law, and the "plain view" exception.

Detailed Discussion of Michigan Great Ape Laws The following discussion begins with a general overview of the various Michigan state statutes and regulations affecting Great Apes. It then analyzes the applicability of those laws to the possession and use of apes for specific purposes, including their possession as pets, for scientific research, for commercial purposes, and in sanctuaries. The discussion concludes with a compilation of local ordinances which govern the possession and use of apes within geographic subdivisions of the state.
Koester v. VCA Animal Hosp.


Plaintiff pled damages that included plaintiff's pain and suffering, extreme fright, shock, mortification, and the loss of the companionship of his dog after negligent treatment by defendant animal hospital killed his dog.  The court noted that there is no Michigan precedent that permits the recovery of damages for emotional injuries allegedly suffered as a consequence of property damage.  Although this Court is sympathetic to plaintiff's position, it chose to defer to the Legislature to create such a remedy.

Koivisto v. Davis



Defendants, the Macaks, owned two dogs being boarded at Chieftan Kennels. Plaintiff was outside on her deck when the dogs entered her property and attacked her cats, one of which died later from its injuries. The plaintiff rushed to defend the cats and suffered multiple bites from the dogs.  The trial court held that the plaintiff had “provoked” the dogs. The Court of Appeals reversed.  “The dogs were already provoked and, in fact, were in a state of attack, for whatever reason when plaintiff responded to their behaviors while on her own property.” 

MI - Alma - Breed - DIVISION 2.  VICIOUS DOGS


In Alma, it is unlawful to keep, harbor, own, or possess any vicious dog, with exceptions. "Vicious dog" is defined as any dog with a propensity to attack, injure, or otherwise endanger the safety of people or domestic animals. A vicious dog is also any dog that attacks or indicates that it is liable to attack a person or domestic animal. There is a rebuttable presumption that a pit bull dog is a vicious dog.

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