Michigan Complaint by Owner of Dog against Bailee for Damages for Failure to Return Animal

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Multi-State
Control #:
US-01671BG
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Word; 
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Description

At common law, the owner of a domestic animal had such a property right as to enable the owner to recover, in a conversion action, for its taking or detention, or to maintain an action of replevin for its recovery. The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

Michigan is one of the states that applies the ?strict liability? doctrine when it comes to dog bite claims. This doctrine exonerates the plaintiff from proving that the dog owner was at fault.

750.50 Definitions; charge or custody of animal; breeder or owner of a pet shop; prohibited conduct; forfeiture of animal; violation as misdemeanor or felony; penalty; psychiatric or psychological counseling; other violation of law arising out of same transaction; consecutive terms; order to pay costs; order ...

No person shall harbor or keep a dog which, by loud and frequent yelping or habitual barking or howling, causes a serious annoyance to other persons in the neighborhood.

(h) ?Neglect? means to fail to sufficiently and properly care for an animal to the extent that the animal's health is jeopardized. (i) ?Sanitary conditions? means space free from health hazards including excessive animal waste, overcrowding of animals, or other conditions that endanger the animal's health.

Under the dog law, it is unlawful for any person to own a dog six months or older unless the dog is licensed. MCL Sec. 287.262. It is also unlawful for a person to own a dog six months or older that does not wear a collar and tag at all times, except when engaged in hunting activities accompanied by his or her owner.

Michigan law requires that dogs be leashed. Not only does Michigan Law hold a dog owner strictly liable for a dog bite by an unleashed dog, Michigan Law also holds a dog owner liable for an attack caused by an unleashed dog.

Michigan also outlaws various forms of animal cruelty and neglect, including: allowing an animal to suffer unnecessary neglect, torture, or pain through negligence. neglecting an animal by failing to provide adequate food, water, shelter, sanitary conditions, exercise, and veterinary care.

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Michigan Complaint by Owner of Dog against Bailee for Damages for Failure to Return Animal