SENATE BILL No. 640

September 19, 2001, Introduced by Senator BULLARD and referred to the Committee on

Judiciary.

A bill to amend 1939 PA 73, entitled

"An act providing for the recovery of damages by persons bitten

by dogs; and creating a liability of the owners of such dogs,"

by amending section 1 (MCL 287.351), as amended by 1988 PA 142.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 1. (1) If a dog bites a person, without provocation

2 while the person is on public property, or lawfully on private

3 property, including the property of the owner of the dog, the

4 owner of the dog shall be IS liable for any damages suffered by

5 the person bitten, regardless of the former viciousness of the

6 dog or the owner's knowledge of such viciousness.

7 (2) A person is lawfully on the private property of the

8 owner of the dog within the meaning of this act if the EITHER

9 OF THE FOLLOWING APPLIES:

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1 (A) THE person is on the DOG owner's property in the

2 performance of any duty imposed upon him or her THE PERSON by

3 the laws of this state or by the laws or postal regulations of

4 the United States. , or if the

5 (B) THE person is on the DOG owner's property as an invitee

6 or licensee of the person lawfully in possession of the property

7 unless said person has gained lawful entry upon the premises

8 THE PERSON ON THE DOG OWNER'S PROPERTY LAWFULLY ENTERED THE

9 PROPERTY for the purpose of an unlawful or criminal act.

10 (3) AS USED IN THIS ACT, "PROVOCATION" MEANS THE PERFORMANCE

11 OF A WILLFUL ACT OR OMISSION THAT AN ORDINARY AND REASONABLE

12 PERSON WOULD CONCLUDE IS LIKELY TO PRECIPITATE A BITE BY AN ORDI-

13 NARY DOG.

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