Dogs are one of the most common pets for families to have. Most people consider dogs a part of their family, but they must not forget that dogs are still animals and not humans. Dogs can be extremely friendly, while others can act aggressively. In Maryland, if you are attacked and bitten by a vicious dog, you may be able to recover damages for your injuries in accordance with the state’s statutory strict liability and common-law negligence rules. If you or a loved one has sustained a dog bite injury, contact a dedicated Prince George’s County Dog Bite Lawyer who can help you recover fair compensation for your injuries.
How Do Maryland’s Dog Bite Liability Laws Work?
In Maryland, strict liability is enforced when a dog attacks or bites another person. This means that, with limited exceptions, any time a dog injures another person, the owner will face liability for the damages inflicted by the dog, regardless of whether or not the animal has been aggressive in the past.
This differs greatly from states that have a “one-bite” statute, which essentially lets owners evade liability in the event that their dog has never shown aggressive behavior in the past. States that adhere to this rule believe that owners should not be liable for actions they could not have predicted.
Maryland’s Strict Liability Rule for Dog Owners
- Dog owners are generally responsible for injuries caused by their dogs when:
- The dog was off the owner’s property
- The victim was lawfully on the owner’s property
- Victims do not need to prove prior aggression due to the strict liability statute
- The owner may be liable even when the owner took precautions to prevent harm
Exceptions That Can Eliminate Liability
- Provoking, teasing, or tormenting the animal
- Trespassing on private property
- Attempting to commit a criminal offense at the time of the attack
How Negligence and Contributory Negligence Impact Claims
In the event that strict liability does not apply, the victims of a dog bite injury may seek compensation under Maryland’s negligence rule. However, because the state adheres to the contributory negligence statute, the legal bar is much higher, making the need for legal representation during this process even more important.
Understanding Maryland’s Contributory Negligence Rule
- A victim found even 1% responsible will be barred from collecting compensation
- Common defenses used by dog owners include:
- Ignoring posted warning signs
- Approaching the dog while it’s restrained
- Interacting with a known aggressive dog
Who Can Be Held Liable for a Dog Bite in Maryland?
While the dog’s owner is the most likely party to face liability, in some instances, responsibility can extend beyond the owner. This depends, however, on who had control and custody of the dog at the time of the attack, as well as the location where the incident occurred.
Potential Liable Parties
- Dog owners
- Landlords who knew of a dangerous animal on the premises
- Dogwalkers or other caretakers
- Property owners, if leash laws are violated
What Injuries Are Common in Maryland Dog Bite Cases?
Due to the nature of dog bites, these injuries commonly result in the need for immediate and ongoing medical care, rehabilitation, and even psychological treatment.
One of the most immediate concerns, however, is the risk of infection. Though there is a common belief that “dogs’ mouths are cleaner than humans,” this is not true. When a dog bites, their teeth may push bacteria deeper into the skin, requiring careful cleaning of the wound by a medical professional.
Common Dog Bite Injuries
- Deep lacerations
- Puncture wounds
- Infections, including sepsis or rabies exposure
- Permanent scarring
- Head injuries
- Nerve damage
- Loss of or impairment to mobility
- Emotional trauma (especially common in children)
What Compensation May Be Available?
Maryland laws and regulations cover injuries inflicted by a dog bite and injuries caused by other types of vicious dog behavior. This includes both economic and non-economic damages when liability is established.
Common Recoverable Damages
- Emergency medical care
- Future medical care
- Surgery or hospitalization
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability
Time Limit to File a Dog Bite Claim in Maryland
Maryland, like all states, has a statute of limitations that places a time limit on when an injured party can file a claim against a negligent entity. Failure to file within this window will result in a permanent bar against recovery, with extremely limited exceptions. As such, if you have been injured by a dog in Maryland, you must file your claim within three years of the date on which the injury occurred.
Contact Our Maryland Personal Injury Firm
Being bitten by a dog can be an incredibly overwhelming and traumatic experience that may leave you unsure how to proceed. That is why working with an experienced personal injury attorney with McCarthy, Winkelman & Mester, LLP is in your best interest. Our firm can examine your circumstances to determine the best course of action. Contact us today to learn more.
