For many people, their dogs are a member of the family. Some would go as far as to say they love their dogs like children. However, if a dog has not had adequate training, it can easily become very aggressive and cause people to become seriously injured. Believe it or not, a dog bite can cause an individual to sustain very serious, lifelong injuries such as broken bones, torn muscles, and nerve damage. Maryland law gives dog bite victims a significant advantage, and an experienced attorney from Markey & Orsi can help you use it. Our firm has represented victims of dog bites in Maryland for nearly 30 years. If you or a loved one has been injured by a dog, contact our firm today to discuss your case.
Dog Bite Laws in Maryland | Our Attorneys Are Here for Victims
From state to state, dog bite laws vary. In Maryland, the negligent party is usually the dog’s owner. It is important to be aware that when a dog causes injury, the law presumes the owner knew or should have known the dog was dangerous, and the victim does not need to prove the dog’s history of violence. This presumption applies whether or not the dog was leashed and whether or not the injury happened on the owner’s property. The burden falls on the owner to rebut it.
The Rebuttable Presumption Under Maryland Law
Since April 8, 2014, Md. Code, Cts. & Jud. Proc. § 3-1901 has governed these claims. Evidence that a dog caused an injury creates a rebuttable presumption that the owner knew of the animal’s vicious or dangerous propensities. The standard is the same for every breed. An owner may try to overcome the presumption with evidence of the dog’s gentle history, which is why animal control records and neighbor statements matter early.
There are also situations in which the victim may not be eligible for compensation because of their own actions. For example, if the injured party was trespassing or attempting to commit a crime on the owner’s property, they are not entitled to compensation. In addition, if the owner can prove that the injured party was provoking the dog or not heeding warnings to stay away from the dog, they may not be held liable. Of course, many different factors go into a dog bite case because no two situations are the same.
Recovering Damages
Once liability is established, the injured party may be entitled to compensation that is both economic and non-economic in nature. Some of the damages that may be recovered can include medical expenses, lost wages, the need to hire outside help, emotional distress, pain and suffering, and more. Of course, it is always best to speak with an experienced dog bite attorney to see what damages you may be eligible for.
Dogs Running at Large
Maryland treats a dog running loose differently, and more harshly. Where a dog is at large — not on the owner’s property and not under anyone’s control — the owner is strictly liable for the injury it causes. There is no presumption to rebut here. It does not matter whether the dog had ever shown aggression, whether the owner had any warning, or how carefully the dog had been handled in the past. The only defenses available are the narrow ones described below: that the victim was trespassing, committing a crime, or provoking the animal.
When the Dog’s Owner Is Not the Only Party Responsible
Some of the most serious dog attacks happen in apartment buildings, rental homes, and other places where the person who owns the dog is not the person who owns the property. A landlord can be held responsible in these cases, but the standard is different and considerably harder to meet. The injured party must show that the landlord knew the dog was there and knew it was dangerous, that the landlord had the power to do something about it — usually through a no-pets clause or similar provision in the lease — and that the landlord failed to act. Maryland courts have allowed these claims even where the attack happened inside the tenant’s own unit rather than in a common area. The same analysis can reach dog sitters, dog walkers, and kennels.
Deadlines and the Provocation Defense
A dog bite claim in Maryland must generally be brought within three years. Where the victim is a child, the clock does not begin to run until the child turns eighteen.
Two things are worth understanding before speaking with an insurance adjuster. Maryland bars recovery entirely if the injured party is found even slightly at fault, and provocation is the argument the other side will reach for first. A casual remark that you were petting the dog, or reaching toward its food, or that it had seemed friendly a moment earlier, can be used to build that argument. It is worth speaking with an attorney before speaking with anyone else.
Contact Our Dog Bite Attorneys
If you’ve been injured by an aggressive dog in Maryland, it is important to speak with an experienced personal injury attorney who can represent your interests and fight for the compensation you are entitled to. Markey & Orsi has nearly 30 years of experience guiding clients through dog bite cases. Contact our firm today.