Dogs have earned the reputation as “man’s best friend.” They can be integral parts of our families, but can also become liabilities when they bite or attack others. Close to five million Americans are bitten by dogs each year, and about one sixth of those bites results in the victim seeking medical treatment for the injury.
The owner of the attacking dog can often face liability based on their pet’s actions. In Maryland, there is a statute that outlines what is a “Dangerous dog.” A “dangerous dog” is one that, without provocation, has killed or severely injured a person. Alternatively, it is a potentially dangerous dog that bites a person, when not on its owner’s real property; kills or severely injures a domestic animal; or attacks without provocation. An owner of a “dangerous dog” must keep the dog securely enclosed on his or her property, or otherwise must muzzle and restrain the dog. A person who violates statute section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500.
The dog owner can also be held liable for the inflicted injury under one of two theories of liability. The first theory is frequently referred to as the “one bite rule,” and applies strict liability to dog bites. It basically holds that if the dog owner knew or had reason to know that the dog had dangerous propensities, then the owner faces practically certain liability. The idea behind this rule is that if the dog had bitten a person before, the owner will be responsible if the dog bites again, because the owner would have then known that the dog had dangerous propensities.
The second theory of liability is negligence, which holds that even if the dog had not bitten a person in the past, the owner will be liable if he or she failed to exercise effective control of the dog in a situation where it could reasonably be expected that an injury could occur. Additionally, there are local laws and ordinances that regulate dog owner conduct. For example, many counties in Maryland have leash laws requiring the owner to keep the dog on a leash when off of his or her own private property. However, if a bite occurred on the owner’s real property and the victim was trespassing, the victim will be unlikely to recover for injuries.
In Maryland, the determination of liability no longer has anything to do with the breed of dog. In the past, a dog bite victim could recover against the owner by establishing that the dog is a pit bull or a cross-bred pit bull. However, in 2014, former Maryland Governor Martin O’Malley signed bill into law that overturned a 2012 Maryland Court of Appeals decision regarding pit bull-type dogs. The new law applies the same standard of liability to all dog owners, regardless of the dog’s breed.
If you are bitten by a dog, there are important steps you should take. To be sure, the first thing to do is to seek immediate medical attention. Moreover, it is important to try to contain the dog that inflicted the injury and figure out how to locate the dog’s owner, if not readily apparent. You should also report the bite to preserve evidence of the injury and also document the injuries with photos.
Finally, you should contact a proven attorney to assist you navigate the confusing insurance landscape. For example, following a dog bite, you might be contacted by an insurance company; they are extremely skillful at soliciting information in a manner that protects their own interests and defeats your claim. Call the Law Offices of Stuart L. Plotnick, at 301.251.1286 for a free consultation.