The Basics of the Maryland Dog Bite Statute
The primary play as it relates to dog bites in Maryland is the Maryland statute, which provides:
§ 3-1901. Definitions.
(a) In this subtitle the following words have the meanings indicated.
(b) "Owner" means any person keeping or harboring a dog.
(c) "Running at large" means that a dog is off the premises of its owner and not under the control of any person by leash or chain or confined by fences or other equivalent structure. A dog shall not be considered running at large if it is with its owner or is on premises owned or leased by the owner, or if it is securely confined in an automobile or railroad car.
(d) "Injured person" means any person bitten or otherwise injured by a dog as provided in this section.
(e) "Police officer" means a duly sworn law enforcement officer authorized to enforce criminal laws of this State or of any county or municipal corporation.
(f) "Responsible adult" means a person 18 years old or older who:
(1) is responsible for the household or animal care of the owner; or
(2) has care and control of a dog for any period of time.
(g) "Stray animal" means a stray animal who an animal control authority or law enforcement officer reasonably believes presents an imminent threat to the health, safety, or welfare of an individual or public or private property.
(h) "Dangerous Animal" means a domestic animal that :
(1) has caused injury in the past to any individual, or to a domestic animal; or
(2) behaves in a manner that a reasonable person would believe to pose a serious and unjustified threat of bodily harm or death to an individual or of injury to a domestic animal.
(i) "Severe Injury" means:
- (1) any physical injury to the mouth or jaw resulting in broken or displacing of teeth, cuts, bleeding and scar formation, infection, pain and suffering or medical treatment;
- (2) laceration, which in the absence of an infection, requires medical treatment;
- (3) if the injury requires hospitalization or other medical treatment, other than first aid, from a health professional: (i) any broken bone; (ii) a skin laceration or puncture wound requiring 10 or more stitches; (iii) any injury resulting in permanent scarring or disfigurement.
§ 3-1902. Animal bite; reporting to police or sheriff.
(a) Reports required. — If an individual suffers a bite from a domestic animal, the individual or any person on the behalf of the individual shall report the bite to the police or sheriff of the county in which each of the following occurs:
- (1) the bite occurs;
- (2) the individual resides; or
- (3) the animal resides or is temporarily located .
(b) When to report. — The report shall be made within 24 hours after the domestic animal bite.
(c) Contents of report. — A report shall contain sufficient information to:
(1) allow the police or sheriff to identify the animal; and
(2) determine if the animal is potentially dangerous and a threat to human safety.
(d) Crimes of failure to report. — The following are crimes of the second degree:
(1) Failure, as defined in this section, to report a bite from a domestic animal; and
(2) Failure to provide information required under this section within one week after a request by the police or sheriff.
(e) Penalties. — The penalties for crimes covered by subsection (d) of this section are those provided by the Criminal Law Article for a crime in the second degree.
(f) Immunity from prosecution. — A report of a domestic animal bite made under this section shall immunize the person making the report from any criminal prosecution for violation of § 10-619 of the Health-General Article.
§ 3-1903. Domestic animal bites; powers and duties of police and sheriff; department duties.
(a) Impounding. — If a report is made under § 3-1902 of this subtitle, the police or sheriff may take possession of the domestic animal for which the report is made.
(b) Examination by veterinarian. — The police or the sheriff shall require a licensed veterinarian to examine the domestic animal and determine whether any medical treatment of the animal is required.
(c) Holding animal. — Upon impoundment the police or sheriff shall further require the animal to be held for:
(1) 7 days if it has been examined and pronounced free of rabies; or
(2) 14 days if no treatment of the bite was required or no examination was available to determine if medical treatment was or is required.
(d) Quarantine. — The police or sheriff may quarantine a domestic animal to be held for any period of time the police or sheriff considers necessary.
(e) Exception to quarantine rules. — If a police or sheriff requires quarantine of a domestic animal and a veterinarian has not examined the animal, then the provisions of § 18-305(d) of the Health-General Article apply to the quarantine.
(f) Department duties. — Upon request by the police or sheriff, the Animal Control Division of the Department of Health and Mental Hygiene shall assist the police or sheriff in implementing this section.
Strict Liability or Negligence
An essential question to answer when discussing Maryland dog bite laws is: how does the law treat different kinds of dog owners and dog victims? The answer is that it depends on two things: In Maryland, a dog owner who has been careless may be liable under the theory of negligence, and the injured victim can sue under that theory. Liability in these cases usually deals with whether the dog was confined to the owners property and kept secure grounds. The general rule is that a person who is the owner of a dog is responsible for injuries the dog may cause to a person legally on the owner’s property. Whether the dog is licensed has no bearing on this cause of action. A landowner is responsible for injuries his dog may cause to a trespasser on the property as well. Another way to answer the essential question posed above is: there is no actual difference between the liability status of negligent dog owners and strict liability dog owners because the liability almost always falls to the owner negligently allowing the dog to attack. Even if a dog is legally exempt from strict liability, the dog owner is very often negligent. Thus, while there is a legal distinction between strict liability and negligent liability, it has no real effect on dog bite cases in Maryland.
What Obligations Do Maryland Dog Owners Have If Their Pet Bites Someone?
The Code of Maryland Regulations (COMAR) sets forth specific guidelines regulating the control of canines to prevent dog bites. The sections apply in relevant part to all localities for the purposes of this post, except as further noted:
Pursuant to [COMAR 10.06.03.03], each county is required to adopt provisions requiring any dog that is unleashed and off the owner or custodian’s property to be under the immediate control of a competent person or restrained by a chain, leash, or other physical tether sufficient to restrain the animal, to prevent it from running at large. This requirement is also mirrored at the city level in Baltimore County.
In addition to the regulations above, COMAR 10.06.03.04 requires that any person owning or possessing a dog shall not allow the dog to run at large anytime.
Moreover, COMAR 10.06.03.06 indicates that a local jurisdiction may enact more stringent local laws prohibiting the running at large of all canines or canines that do not bear an identification tag.
What Are the Rights of a Dog Bite Victim in Maryland?
Victims of dog bites in Maryland have legal rights that can help them pursue compensation for their injuries and damages. These rights ensure that the victims can obtain justice for their suffering and receive the compensation they deserve.
In many cases, dog bite victims in Maryland can pursue compensation for their medical costs, lost wages, and pain and suffering related to their bite injuries. One of the primary laws regulating wrongful conduct by animals in Maryland is the "one free bite" rule set forth in the Maryland Courts and Judicial Proceedings Code Section 3-1901, which reads:
(b) Strict liability. — If a domestic animal, while running at large, causes injury to a person or to property, the owner is strictly liable for damages to the person or property, subject to subsections (d) and (e) of this section.
(c) Definition. — For purposes of this section, the term "running at large" does not include the following circumstances:
(1) The animal is on the premises of the owner; or
(2) The animal is under physical restraint of its owner.
(d) Defense. — If the owner of an animal proves that the person injured was committing a trespass or other tort, or was teasing, tormenting, or abusing the animal, or if the injury was sustained while the injured person was committing or attempting to commit a crime, then the owner is not liable to the injured person.
As noted above, there are two very important components of the "one free bite" law in Maryland. The first is that the law only applies to animals that are "running at large." This means that the animal is on the land of someone other than the owner. In this scenario, the one free bite rule will most likely apply. However, if the dog is on its owner’s property, the one free bite rule usually does not apply. This means that if someone is bitten on a property owned by that specific dog’s owner, the injured party may not have any recourse due to the "one free bite" rule.
The second component of the "one free bite" rule is that it only applies if the animal is already considered a "domestic" or "household" animal. This means that an injured party cannot seek compensation for his or her injuries if he or she was bit by a wild animal. Therefore, unless a dog has already been classified as a dangerous dog under Section 10-616 of the Maryland Criminal Law Code by a law enforcement officer in Maryland, the injured party may be out of luck if injured by that dog. In order to make a valid claim for damages, the injured party must be able to prove the following: The burden of proof falls upon the injured party to provide solid evidence to each item above. With sufficient evidence, he or she may be able to pursue compensation for his or her damages resulting from a dog bite.
What Defenses Are Available in A Maryland Dog Bite Claim?
In many dog bite cases, the dog owner may have a viable defense that will save him or her from liability, or at least a portion of the potential damages. Below are some potential defenses that must be examined in every dog bite case.
Provocation. The provocation defense is based on the fundamental rule that "a man can’t provoke another to commit an assault upon him and then complain of it." Harris v. Jones, 570 A.2d 5, 8 (Md.App. 1990). There are a few cases where having a plaintiff tease or hit the dog is a defense, but many Maryland cases have held that teasing or hitting the dog is insufficient to support a provocation defense, unless done with malice. As compared to teasing or hitting the dog, a trespass defense is more persuasive and more often seen.
Trespass. Most Maryland cases recognizing a trespass defense involve a plaintiff who was bitten while trespassing onto defendant’s property. In those cases, the trespass renders defendant’s dogs in the same position as a wild animal , for which a defendant may not be held strictly liable. See Poffenberger v. Risser, 431 A.2d 627 (Md.App. 1981). However, in some instances, a dog owner may be entitled to act under a provocation defense despite having been invited onto the premises, which is commonly called the Rule of Retaliatory Force. This rule distinguishes between licensees and invitees. While invitees should be expected to put up with a certain amount of roughness by the property owner’s animals, licensees should expect no such behavior and will be deemed to have been provoked if attacked in retaliation for any action.
Comparative Negligence. Here, the court balances the plaintiff’s provocation with the negligence of the defendant dog owner. For example, if the plaintiff provoked the dog by riding his skateboard around the yard, and the defendant failed to keep his dog in a fenced yard, the provocation might outweigh the negligence of the owner.
How to File a Dog Bite Claim in Maryland
In Maryland, the victim of a dog bite or attack must serve notice of a intended claim on the person to whom the dog belongs. The owner must be provided with the name, post office address, and telephone number of the injured person. If the injured party is under age eighteen, they can’t serve the notice, as it is the responsibility of the parent or other person who is charged with the care of the minor to do it. That person should send the notice via certified mail return receipt requested.
The statute provides that damages are not recoverable for a dog bite or attack if notice of the intended claim was not given within 90 days. If the person moving for summary judgment demonstrates that this notice was not given, the motion shall be granted unless the other party can show good cause for failure to comply with the notice provision.
Although notice must be given within 90 days of the event, there is no statute of limitations in Maryland for filing a suit to recover damages caused by a dog bite or attack. An injured party must file a lawsuit prior to the expiration of the applicable statute of limitations, but there is no statute of limitations with regard to dog bites or attacks.
How Long Do You Have to File a Maryland Dog Bite Claim?
As with any personal injury claim, dog bite actions have a statute of limitations. When it comes to dogs and other pets in Maryland, a victim cannot bring an action more than three years after the bite. This means that individuals have a limited amount of time to act if they want to file a case against the person whose dog bit them. Acting quickly is essential for the best outcome.
Many personal injury claims are much shorter than that, but the fact that dog bite cases allow three years is just as troublesome for some victims. In part, this is because of the gradual nature of symptoms that may occur with this type of injury. For example, a person with a dog bite may not realize the gravity of their injury right away. In moderate to severe cases, there could be significant medical treatment and even surgery if the injury is really extensive. A victim might not even find out that they have a serious injury until months later, which is a definite possibility with a dog bite. By that time, the victim might be afraid to file a claim against the party who owes them compensation.
The truth is that waiting to file a claim is one of the worst things a dog bite victim can do for themselves. Right when the incident occurs, the victim should speak with an attorney about their vision for filing a claim. An attorney can explain the ins and outs of working with the insurance company and what to expect in terms of mediation or settlement.
Compensation for Dog Bites
Maryland law allows victims of dog bites to recover damages for lost income, medical treatment and pain and suffering. The most common categories of damages are discussed below.
Lost Income
The dog attack almost certainly caused you to miss work for medical treatment and/or time to recover from your injuries. You can seek compensation for these lost days of work.
Medical Treatment
Maryland law allows you to seek compensation for all costs associated with treating a dog bite injury. You are entitled to recover even for medical treatment that happens well after the attack. For example, our attorneys have represented dog bite victims who developed staph infections during recovery from their injuries. An infection that requires hospitalization can add tens of thousands of dollars in medical bills.
Pain and Suffering
Payment for pain and suffering is not based on any actual financial loss . It is compensation for the stress and trauma of the attack. How much you receive for pain and suffering depends on the severity of your dog bite injury. If your dog bite injury was a bruise that healed in a week, your pain and suffering award would be small. If you had several broken bones, a lacerated limb and deep wounds, and you have scars, nerve damage and chronic pain from your injuries, your pain and suffering award would be much larger. If a dog attack left deep scars, you may also be compensated for the disfigurement. If you are permanently disfigured, you can sue directly for disfigurement damages. If your injury will be re-evaluated several years from now, the court will issue a verdict that includes a smaller damage amount for disfigurement (that is subject to being revised by the court later).