Maryland Dog Bite Lawyer
Explains . . .

More and more people are researching Maryland Dog Bite Law because there are more dog bite injuries each year.

How common are dog bites?

It is estimated that more than 4.7 million people in this country are bitten by dogs each year and that as many as 1 million per year seek medical attention for dog bites. That means that every 30 seconds or so of every day, someone in the United States is seeking medical care for a dog bite injury.

Statistics also show that about 60% of all dog bite attacks happen in the home and that more than half of all dog bite victims are children.

I’ll explain the 5 keys to determining if you have a good case if a dog bite occurs in Maryland. Remember that this discussion concerns Maryland Dog Bite Law. The dog bite law of other states may be different. Be sure to contact a dog bite lawyer to make sure of the law where you were bitten.

What constitutes a good case, you ask.

As a Maryland dog bite lawyer, I think that a good case is one where. . .

1. there is clear liability.

2. there is no valid defense, such as contributory negligence.

3. your damages are significant.

4. you have the evidence to prove your case.

5. you can collect the damages to which you are entitled.

Let’s look more closely at these 5 keys to understanding Maryland Dog Bite Law from the perspective of a Maryland dog bite lawyer.

“Liability” is legal shorthand for the question “Is the dog owner legally responsible for the dog bite injuries?”

If the answer is “no,” you have no case. If the answer is “yes,” you satisfy this essential of a good case under Maryland Dog Bite Law and can continue to analyze the other factors.

Even if you think that there is no "liability," you may want to check with a Maryland dog bite lawyer for a free consultation before abandoning the claim.

Under Maryland Dog Bite law, an owner can be responsible for her dog’s actions in two situations.

The first, which the law calls “strict liability,” is where the owner knew – or should have known – of her animal’s propensity to cause harm to humans. If the dog has bitten a person before, you have a strong liability case. Even if the dog has not bitten before, if it has done things that were threatening to humans, such as growl at them or lunge at them, you have a strong liability case. The more times any of these has happened, the stronger the liability case under Maryland Dog Bite Law.

A history of threatening other animals, however, is not sufficient to impose strict liability. There must have been previous bites or threats to humans.

Strict liability is what most think of when they think about Maryland Dog Bit Law. They incorrectly believe that an owner is responsible for his dog’s bites ONLY if the dog had a history of biting.

Actually, there is a second situation where an owner can be responsible – “liable” – for her dog’s bites. Maryland Dog Bite Law refers to this as “negligence.” It applies where a dog owner “exercises ineffective control of an animal in a situation where it would reasonably be expected that injury could occur.”

Generally, the amount of control that the owner must exert under Maryland Dog Bite Law depends on what she knows about the dog’s propensities. And, an owner is responsible for knowing more about a dog’s propensities than simply its propensity to bite.

Here’s an example that is an actual Maryland case. It doesn’t involve a dog bite, but instead it involves injuries caused by a dog’s actions.

A couple was riding a tandem bicycle when a dog suddenly ran into their path causing them to crash and injure themselves. The dog owners knew that their dog was even tempered – it had no history of biting or threatening people – but they also knew that it would leave the yard anytime it was given the chance. That’s what happened here. The dog ran out an open gate, disobeyed the owner’s commands to come back and caused the bicycle crash. These owners were responsible for the injuries received by the bicycling couple because they didn’t exercise adequate control of their dog under circumstances that could be dangerous – that is, the dog running out of the fenced yard.

Another factor that enters into this is the leash laws that exist in most Maryland local jurisdictions, that is cities and counties. They establish an amount of control that an owner must exert. Usually, they provide that a dog must be restrained and cannot run “at large.” Violations of leash laws establish a case against the owner under Maryland Dog Bite Law, even if the dog had no history of biting.

Sometimes -- in fact often -- dog bites occur on private property. In that situation, another body of law applies and must be considered. In legal lingo, these are the rules of “premises liability.” The important thing to remember about these rules, in the context of a dog bite case, is that your liability case is stronger under Maryland Dog Bite Law if you are in a business establishment or someplace where you have been invited than if you are trespassing on the property where you are bitten. In fact, if you are a trespasser, you may not have any claim at all.

As you can see, a determination of whether an animal owner is responsible for his animal's bites can be complicated. An experienced Maryland dog bite lawyer can analyze and evaluate your potential claim and tell you whether it is worth pursuing.

"I'm glad you don't charge what your services are worth, because they're worth their weight in gold."*

Pat Smith
Brookeville, Maryland
Author of Wow the Dow: The Complete Guide to Teaching Your Kids How to Invest in the Stock Market

What are the possible defenses to a dog bite claim?

If the injury occurred on private property and the victim was a trespasser or a “bare licensee,” the defense will argue that the property owner did not violate the limited duty that they owed.

The defense may argue that the victim provoked the dog. If so, that would constitute “contributory negligence.”

Unfortunately, Maryland is one of only 4 states to have a very harsh rule called "contributory negligence." If it exists, contributory negligence defeats your claim.

This means that if you contributed in any way to causing your injuries, you have no claim. In theory, if you are only 1% responsible for causing your injuries, under Maryland Dog Bite Law you are not entitled to any recovery for your injuries!

It might be considered contributory negligence if you lunged at the dog or were warned to stay away from the dog but didn’t.

If there may be a valid defense to your dog bite claim, it is important that you consult with an experienced Maryland dog bite lawyer. You are far better off finding out about the defense sooner instead of later, after you have invested months of time and energy into a weak claim.

Under Maryland Dog Bite Law, “Damages” is the term that refers to the consequences of the dog bite. It includes both economic losses and noneconomic losses.

The economic losses that you can recover include. . .

** reimbursement for all of your medical bills for treating
injuries that result from the dog bite.

** reimbursement for any loss of employment income.

** any other economic losses that result from the dog bite.

If the law merely required the dog owner to pay for your financial losses, you would not be fairly and sufficiently compensated. The economic losses are not what you will remember years later about this experience.

What you will remember more is the pain of your bite injuries, the mental uncertainty, the sleepless nights, your feelings about having disfiguring scars (or whatever your symptoms were) and the disruption to your life that the dog bite caused.

Because you did nothing to cause these losses, fundamental fairness – and Maryland Dog Bite Law – require the dog owner to compensate you in money damages for such noneconomic losses as. . .

** physical pain,

** mental anguish,

** disfigurement (this is often the critical element in a dog bite case),

** inconvenience,

** physical impairment,

** damage to your marital relationship.

How much compensation you are entitled to receive for your injuries under Maryland Dog Bite Law depends on the circumstances of your case. Obviously, that determination will depend on such things as

** how seriously you are injured,

** how long you suffer with your injuries and

** whether you recover fully from them.

Permanent consequences of the dog bite, such as severe scarring, require substantial compensation.

How much are you entitled to recover? Unfortunately, there are no secret formulas that I can reveal.

Fair compensation for your injuries includes the full amount of the medical bills that were caused by the bite, the full amount of the income that was lost and an additional amount for pain, suffering, inconvenience, disfigurement (scarring) and the like.

The end result could be as little as about 1 ½ times your out-of-pocket losses for your medical bills and loss of income – if your injuries are not too serious – to an amount 10 times your financial losses, or more -- if your injuries are very severe and permanent.

Maryland dog bite lawyers are trained to determine ALL of the elements of damages for which you can recover and can develop the necessary evidence to prove your damage claims.

"Before I hired a lawyer, I interviewed quite a few, and you stood head and shoulders above the rest. You were very knowledgeable and professional. You also were personable, and made me feel at ease. I would recommend you to anyone. Your services were a 10 out of 10!"*

Al Blocker
Germantown, Maryland

If you know facts that establish liability and significant damages, you have a strong case under Maryland Dog Bite Law . . . IF you can prove those facts.

In negotiations with the Bad Guys, or in court if you end up there, you have to be able to prove your case.

The key to this is prompt investigation and development of evidence. If you or a loved one is injured by a dog bite and want to consider a claim under Maryland Dog Bite law, here are some of the investigative things you can do to put yourself in a position to prove your claim.

** Ask the owner about the dog’s history and write down what you are told.

** Talk to neighbors about the same thing.

** Write down all of the circumstances of the injury. Draw a diagram of the scene.

** If you can, get a medical history of the dog.

** Obtain records from Animal Control concerning the dog’s history.

** Obtain obedience/training school records if they exist.

** Obtain police reports.

** Get medical reports concerning treatment of the injuries.

** Get ambulance reports.

** Especially if the injuries are very serious, take action to have the dog evaluated by experts.

** Get statements – preferably written – from witnesses.

If you have a claim that entitles you to, say, even a million dollars, but the person that you have the claim against has nothing, you probably won’t recover anything. You know, can’t get blood out of a stone.

If liability exists, the owner is financially responsible under the law, but, practically, you may not be able to collect from that person.

Where do you turn?

There may be insurance that covers these kinds of injuries. If the injuries occurred on private property, they are probably covered by the dog owner’s homeowner’s insurance or renter’s insurance, or, in the case of a store, their liability insurance.

Obviously, an experienced and capable Maryland dog bite lawyer can help you answer this practical question of whether there is any way to recover for your injuries.

These are the general rules of Maryland Dog Bite Law. However, remember that laws change and that it may require an experienced lawyer to help you apply the facts of your case to the law to determine your rights. Especially if the injuries are serious, you should consult a lawyer. Most lawyers will give a free initial consultation, so you have little or nothing to lose!

To learn more about Maryland Dog Bite Law, contact us.