MICHIGAN COURT OF APPEALS (January 13, 2026) - Leiendecker v. Ascension (Docket No. 372252).
Michigan Court of Appeals Addresses Wild Animal Liability on Commercial Property, Emphasizing the Role of Notice.
On January 13, 2026, in a decision recommended for publication, the Michigan Court of Appeals issued important guidance on liability exposure arising from wild animal encounters on commercial premises. In Leiendecker v. Ascension Genesys Hospital (No. 372252), the plaintiff, a contractor at a hospital facility, was allegedly attacked and knocked to the ground by a goose while exiting the property, resulting in a fractured hip and subsequent surgery. The Court reaffirmed the long-standing doctrine of ferae naturae, holding that property owners and contractors are not liable in ordinary negligence for injuries caused by wild animals absent dominion, control, or possession of the animal itself. At the same time, the Court drew a critical distinction for premises liability claims. Where a wild animal’s presence constitutes a known, ongoing dangerous condition on the land, and the landowner allegedly fails to warn or take reasonable protective measures for invitees, a premises liability claim may survive at the pleading stage. The decision reinforces that early dispositive motion practice remains a powerful defense tool in wildlife-related injury cases, while underscoring the importance of knowledge, notice, and response protocols for property owners and risk managers.
Michigan Court of Appeals Addresses Wild Animal Liability on Commercial Property, Emphasizing the Role of Notice.
On January 13, 2026, in a decision recommended for publication, the Michigan Court of Appeals issued important guidance on liability exposure arising from wild animal encounters on commercial premises. In Leiendecker v. Ascension Genesys Hospital (No. 372252), the plaintiff, a contractor at a hospital facility, was allegedly attacked and knocked to the ground by a goose while exiting the property, resulting in a fractured hip and subsequent surgery. The Court reaffirmed the long-standing doctrine of ferae naturae, holding that property owners and contractors are not liable in ordinary negligence for injuries caused by wild animals absent dominion, control, or possession of the animal itself. At the same time, the Court drew a critical distinction for premises liability claims. Where a wild animal’s presence constitutes a known, ongoing dangerous condition on the land, and the landowner allegedly fails to warn or take reasonable protective measures for invitees, a premises liability claim may survive at the pleading stage. The decision reinforces that early dispositive motion practice remains a powerful defense tool in wildlife-related injury cases, while underscoring the importance of knowledge, notice, and response protocols for property owners and risk managers.
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