In Maryland, there are a number of paths that in which dog bite case can proceed yto seek damages in a god bitew case.
Strict liability is the type of liability in which neglignence does not have to be proven in court.
If a person were bitten and injured by a dog whose owner let the dog run loose, the Plaintiff you can sue the owner on a strict liability basis.
If the owner was allowing the animal to run loose and you were not tespassing, provoking the dog, or attempting to commit a crime at the time of the bite, the owner will be required to compensate the Plaintiff for all of your injuries and losses.
Negligence In an instanceswhere the dog was not running at large, for example on a leash, the Plaintiff will have to prove that the owner was negligent and the amount of damages.
This page is about Maryland dog bite lawsuits. Our lawyers have settled and won at trial millions of dollars for dog bite victims. Here, we talk about dog bite injuries,
the best path to get compensation and typical settlement amounts and jury payouts in cases where victims have suffered injuries due to dog bites
If you are attacked and bitten by a dog in Maryland, you can – at least in most cases – file a personal injury lawsuit against the owner and get financial compensation. In many cases, the dog owner’s homeowner’s insurance will cover the damages and pay any dog bite settlement.
Dog Bites Cause Serious Injuries Dog bites can cause severe and sometimes permanent physical injuries. Injuries from dog attacks are usually a direct result of penetrating trauma of sharp teeth in combination with the crush delivered to any structures in the vicinity of the bite. A large dog can easily crush bones, tear skin, and cause disfiguring scarring.
It is not just the postman getting bit in 2024. According to the CDC, an astounding 5 million people are bitten by dogs each year. Over 1,100 people go to the emergency room daily for dog bite injuries. As a country, we spend $1.1 billion a year in medical costs from animal attacks. More Americans die in animal attacks than by terrorism but neither is particularly likely
. Sadly, a large percentage of dog bite victims are children. Dog bites are ranked 5th on the list of reasons children end up in the emergency room, and far too often, the bites are on the child’s face. Children who have facial scarring from dog bites are more likely to be the victims of teasing, bullying, social isolation, depression, and eating disorders. Contact
Settlement Amounts of Dog Bite Lawsuits
Dog bite cases often have high settlement values because there is usually insurance to cover the loss, and the injuries are often severe. Our lawyers see a lot of dog bite cases where the victim suffers penetrating and crushing injuries that extend down to the bones, severing vessels and arteries and tearing away flesh and muscle. The result is often swelling, ecchymosis, devitalized tissue from the dog’s teeth and tears, avulsions, and lacerations from the strength of the bite. Call
Dog bites are categorized by severity, and insurance adjusters use these levels to calculate dog bite settlement compensation. Here is a breakdown of the different levels of dog bites and how they relate to Maryland’s dog bite laws and potential legal actions:
Level 1 and Level 2 Dog Bites
Level 1: The dog behaves aggressively but does not make skin contact with its teeth. This level typically does not lead to a dog bite lawsuit because any minor dog bite settlement amount you would get would not make the cost of bringing a claim worth it, at least in most cases. Level 2: The dog’s teeth make contact with the skin but do not break the skin. Settlement payouts for Level 2 bites are also less common, but you may see claims if there are significant psychological impact or minor physical injuries. Our Maryland dog bite lawyers would not handle this claim but might refer it to another attorney with your permission .
Level 3 and Level 4 Dog Bites
Level 3: The bite breaks the skin, but the wounds are not deep. Legal action may be more common here, with victims possibly seeking compensation for medical expenses and pain and suffering.
Level 4: The dog bites deeply, often with puncturing and bruising. At this level, the average dog bite settlement amounts can increase significantly, reflecting the severity of injuries and potential long-term effects.
Level 5 and Level 6 Dog Bites
Level 5: Multiple bites with at least two Level 4 bites. These incidents often result in substantial settlements or judgments, given the severity and potential for permanent damage or disability. Call
Level 6: The dog has been killed, or the injuries are so severe that they lead to death.
Our take is that the typical settlement for a dog bite case averages around $100,000 in Maryland, with amounts ranging from $15,000 to over $1 million depending on the bite’s severity and the case’s other circumstances. That calculation is based on our own experience and looking at various average estimates. If you look at reported verdicts, you will get a different number. But very few strong dog bite lawsuits go to trial. Those claims settle out-of-court. It is the weaker cases that defense lawyers are willing to let go to trial.
Maryland Dog Bite Laws
Under Maryland law, a dog owner may be liable for injuries to the plaintiff if the defendant created an unreasonable risk of harm under circumstances where it was foreseeable that an injury could occur.
We Are Not a One Bite State
There is a myth that will not go away that Maryland is a one-bite state. This means that if the dog has never bitten anyone, there is no liability for the dog owner. People often make up what they think is Maryland dog bite laws. It causes confusion. Maryland is not a one bite state where a dog must have previously bitten someone to bring a claim.
Adding to the confusion, Maryland dog bite law has changed over the years. For a time, Maryland law allowed strict liability for some breeds of dogs because they are known to be aggressive because of myths about dog breeds and propensities . But this has now been expanded to all breeds.
Two Theories of Liability
In Maryland, dog bite lawyers can pursue cases based on two primary theories of liability: negligence and strict liability.
Negligence involves demonstrating that the dog owner failed to exercise reasonable care in preventing the dog from causing harm. This can include failing to restrain the dog properly, neglecting to train the dog, or ignoring signs that the dog may be dangerous. Under this theory, the plaintiff must prove that the owner’s lack of reasonable care directly resulted in the injury.
Strict liability, on the other hand, does not require proving that the owner was negligent. Instead, it focuses on whether the owner knew or should have known about the dog’s dangerous propensities. In Maryland, strict liability can apply if it can be shown that the owner was aware of the dog’s potential to cause harm, regardless of whether the owner acted negligently. Email
As our attorneys explain above, Maryland law has expanded strict liability. Previously, a strict standard of liability was explicitly applied to pit bulls. Now, this stringent standard extends to all dog breeds. This change means that owners of any dog breed can be held strictly liable if their dog causes harm, provided it can be established that the owner knew of the dog’s dangerous tendencies. This expansion aims to enhance public safety and ensure that all dog owners are equally accountable for the actions of their pets.
Dog Bite Pattern Jury Instruction
Often, the best way to truly understand our dog bite laws is to look at the law that a jury would be told to follow in a dog bite lawsuit in Maryland. This is Model Pattern Jury Instruction 4:2 titled Liability of Owner
: An owner of an animal will be liable for damage proximately caused by the animal if the owner exercised ineffective control of the animal in a situation where it would reasonably be expected that injury could occur. The past behavior of the animal and the foreseeability of the injuries should be considered in determining the necessary degree of control. Email
So, a negligence claim against the dog’s owners is premised on the fact that the owner knew or had reason to know of the animal’s vicious propensity or that the owner acted negligently in controlling his animal including violating leash laws .
Sample dog bite complaint
Sample dog bite interrogatories to a dog owner
Plaintiff’s answers to interrogatories in a dog bite case
Plaintiff’s requests for admission in a dog bite case
Insurance Company Defenses in Dog Bite Lawsuits
In Maryland, insurance company defenses in dog bite lawsuits often involve several strategies to minimize liability and avoid payouts. One common misconception among insurance defense lawyers is the belief that a dog must have previously bitten someone to establish liability. While this defense is frequently used, it is based on a misinterpretation of Maryland law. It is merely one factor to be considered and not a requirement for establishing liability.
Insurance companies and their lawyers also commonly assert other defenses to avoid liability:
Provocation Defense: They may argue that the victim provoked the dog. Admittedly, this is an excellent defense if proven true. Provocation can include actions that cause the dog to react aggressively, such as teasing, hitting, or threatening the dog. However, whether provocation occurred can be highly subjective and context-dependent, and a skilled dog bite lawyer can often challenge this defense effectively.
Trespassing Defense: Another defense is that the victim was trespassing at the time of the incident. If the victim was unlawfully on the property, this can significantly raise the bar for the claim. Property owners generally owe less duty of care to trespassers, and proving that the victim was not lawfully present can be a substantial hurdle for the plaintiff.
Victim’s Negligence or Assumption of Risk: Insurance companies may argue that the victim was negligent or assumed the risk of being bitten. For example, if the victim ignored warning signs or previous knowledge of the dog’s aggressive behavior, the defense may claim that the victim knowingly put themselves at risk. Establishing contributory negligence or assumption of risk can potentially reduce or eliminate liability.
While these defenses can complicate dog bite lawsuits, they are not insurmountable. Experienced Maryland dog bite lawyers can often dismantle these arguments by pulling the facts together to show what happened accurately. This might involve proving that the dog had a history of aggression, demonstrating that the victim did not provoke the dog, or showing that the victim was lawfully present and exercised reasonable care.
Ultimately, everyone has a job in litigation. Insurance adjusters have the job of minimizing payouts, so you have to fight. Negotiating a fair settlement is a difficult and protracted process, often requiring persistence, thorough preparation, and strategic litigation by the plaintiff’s attorney.
Landlord Liability and Rental Properties
In Maryland, landlords can sometimes be held liable for dog bite injuries that occur on their rental properties. You often need this to get compensation if the tenant does not have renters’ insurance. To prove landlord liability in a dog bite lawsuit, the plaintiff must demonstrate three key elements: the landlord’s awareness of the dog’s dangerous tendencies, the landlord’s control over the dog’s presence on the property, and a failure to take reasonable steps to prevent harm. This means the landlord must have known, or should have known, that the dog posed a danger and had the authority or ability to restrict the dog’s presence on the premises.
A landmark case in Maryland Shields v. Wagman helps clarify the circumstances under which a landlord may be held responsible for injuries caused by a tenant’s dog. In this case, the Maryland Supreme Court outlined that landlords are not automatically liable simply because a dog is present on their property. Instead, liability arises if the landlord knows the dog is dangerous and fails to act to mitigate the risk, such as by enforcing lease provisions or requiring the dog to be removed. This decision underscores the importance of proving that the landlord had both knowledge of the risk and the ability to intervene effectively.
While landlord liability is less common than direct liability for dog owners, Maryland courts recognize that landlords play a role in maintaining a safe environment for tenants and visitors. As a result, plaintiffs in dog bite lawsuits in Maryland often focus on uncovering evidence, such as prior complaints or incidents, to demonstrate that the landlord was aware of the potential danger and negligently failed to address it.
How to Calculate Dog Bite Settlement Amounts and Jury Payouts in Baltimore Maryland dog bite cases present unique challenges when determining settlements and jury payouts. Valuing any personal injury claim is not easy, and dog bite lawsuits are harder than most personal injury cases to calculate settlement amounts. These cases often involve intricate assessments and negotiations conducted by insurance adjusters, lawyers, and, in some instances, juries.
Insurance Adjusters Insurance adjusters are at the forefront of the settlement process. Their role begins with thoroughly evaluating the claim, delving into the details of the incident, the dog’s history, and the severity of the victim’s injuries. Much of their assessment revolves around the victim’s medical expenses, encompassing everything from immediate emergency care to potential long-term treatment costs. Moreover, adjusters consider lost wages and any impact on the victim’s future earning capacity.
They tend to focus on economic costs and overlook non-economic damages like pain and suffering. This is not to say that insurance adjusters do not compensate for pain and suffering, but they do so in an unsophisticated way that skews against victims.
Lawyers
Lawyers defending dog bite lawsuits do not have the same luxury as insurance adjusters. They have to try the case in front of a jury. So, they cannot be as challenging as an insurance adjuster can be as an armchair quarterback.
To calculate what they think the settlement amount should be, defense attorneys gather comprehensive evidence, including medical records, eyewitness accounts, and expert opinions, to build a robust case. Plaintiff’s lawyers like us are active negotiations with insurance adjusters, striving to secure a more than fair settlement payout for their clients. They leverage their legal expertise and precedents from similar cases to justify the compensation demanded.
Juries
When settlement negotiations fail, we have a trial. This is the minority of dog bite lawyers our law firm handles. But the case may escalate to a trial when the insurance company cannot be brought around to our dog bite lawyers’ thinking.
Juries are tasked with evaluating all presented evidence, which includes scrutinizing the nature of the injury and the circumstances under which the attack occurred. The starting point, of course, is determining the liability of the dog owner or other defendant.
Should the jury find in favor of the plaintiff, they will then embark on the complex process of determining the appropriate amount of damages. This includes reimbursement for medical expenses and lost wages as well as compensation for pain and suffering.
Good Cases Equal High Settlement Value
Dog bite cases in the Baltimore-Washington Area often have high settlement values because there is usually insurance to cover the loss, and the injuries are often severe. Our lawyers see a lot of dog bite lawsuits where the victim suffers penetrating and crushing injuries that extend down to the bones, severing vessels and arteries and tearing away flesh and muscle.
The result is often swelling, ecchymosis, devitalized tissue from the dog’s teeth and tears, avulsions, and lacerations from the strength of the bite. These types of dog bite lawsuits result in higher settlement compensation payouts.
Suing the Landlord in a Dog Bite Lawsuit in Maryland
Can you sue the landlord in a dog bite claim in Maryland? You can. But three key elements must be proven to establish the landlord’s liability:
Dangerous Propensities of the Dog: The plaintiff must demonstrate that the dog had shown viciousness or aggressive behavior before the incident. This involves proving that the dog was inclined to act similarly to the conduct causing the injury.
Landlord’s Notice of the Danger: The plaintiff must prove that the landlord had actual or constructive knowledge of the dog’s dangerous tendencies. This means showing that the landlord knew or should have known about the dog’s presence and its propensity to be dangerous.
Landlord’s Control Over the Situation: It must be shown that the landlord had some degree of control over the presence and maintenance of the dog on the property. This can involve lease agreements stipulating pet ownership rules or the landlord’s ability to enforce such rules.
FAQs – DOG BITE LIABILITY
Also, remember our law firm only handles larger dog bite cases, which might inflate our average case value. Text
Who Pays a Settlement if I Sue a Dog Owner for My Injuries?
The dog owner’s insurance usually pays for any settlement.
and some renters’ insurance policies will cover strict liability and negligence in dog bite cases in Maryland. This holds even if the dog is not on the homeowner’s property. Homeowner’s insurance policies are much more expansive than insureds and victims believe. You would be amazed at how broad these policies are regarding dog bite cases.
What if the Dog Owner Has No Insurance?
The claim is far more problematic if the dog owner has no insurance. Most people with assets that could pay a judgment have homeowners’ or renters’ insurance.
Many good dog bite lawsuits in Maryland never see the light of day because there is no insurance coverage, and the defendant does not have the money to pay for the harm caused.
What If I Was Petting or Playing with the Dog When He Bit Me?
It depends on the facts. If you provoked the dog in a way that a reasonable person would not, you have contributory negligence and assumption of the risk problems that will likely be fatal to your claim.
But in many and, arguably, most cases, it is reasonable to believe that if the pet’s owner lets you play with or pet the dog, you have a reasonable expectation the dog will not bite you.
How Long Do I Have to Bring a Dog Bite Lawsuit in Maryland? Generally, the answer is three years. This is subject to certain exceptions. You want to contact a lawyer on this issue sooner rather than later so you are clear on your filing deadline. Because that statute of limitations deadline is firm. After it passes, you have no further rights, no matter how viable your claim may be.
What Is the Maryland Law on Dog Bite Liability?
In April 2014, the Maryland legislature passed a breed-neutral law that eliminates the so-called one-bite rule. Actually, we never truly had a one-bite rule law, but it was close enough that many lawyers referred to it as such. The rule assumes that dog owners know their dogs can bite.
But this carefully balanced new law also allows the owner to neutralize that legal presumption if they can show a reasonable owner would not believe that the dog was at risk of causing harm.
This legislation, Maryland Code § 3-1901.2 effectively nixes the much-maligned ruling of the Maryland Court Appeals in Tracey v. Solesky 2012 , which found that pit bulls are inherently dangerous and that strict liability should be imposed on both the owners of pit bulls and landlords.
What If the Dog’s Owner is a Friend or Family Member?
We have handled cases where children sued their parents, friends sued friends, and siblings sued siblings. Obviously, if there is no insurance, you must consider whether bringing a claim will sabotage critical relationships in your life. Do you want to sue your neighbor if their dog bites you and they have no insurance? You can, but most people will not choose that path.
Our law firm almost invariably brings claims where the defendant has insurance. In these cases, while someone you care for may technically be the defendant, what really matters is who is paying the settlement, and that is the insurance company.
Our dog bite lawyers had a case where a son suing the parents. We later learned that the parents did a great job pushing the insurance company to settle. So, while it sounds a little strange to sue someone you care about, it usually works out without anyone’s feelings being hurt.
What Will Happen to the Dog if I Bring a Claim?
Different counties in Maryland have different rules for dealing with dogs who cause serious injury or kill. But the civil lawsuit against the dog owner has absolutely nothing to do with how the authorities treat the dog.
How Much Can You Sue for a Dog Bite?
When you are suing someone for a dog bite in Maryland, you do not specify an amount if you are suing for more than $30,000 or, in some cases, $75,000 for reasons not worth getting into that related to federal jurisdiction . So you are asking for whatever compensation the court or jury deems appropriate subject to Maryland’s damages cap that would be applied to a dog bite lawsuit . Text
What Should I Do Before I Talk to a Dog Bite Lawyer?
As soon as possible, even before you call a lawyer, take pictures of your injuries and make sure you don’t talk to the insurance company about your injuries or details about the dog bite itself.
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Dog attacks can be both physically harmful and emotionally traumatic. Any type of animal attack is terrifying, but being assaulted by a dog can leave a bite victim with crippling fear.
Dogs are so common in the US that it is hard to avoid these usually friendly but potentially dangerous animals. As tens of millions of Americans believe dogs are an important part of family life, which you are most likely to encounter at some point. Serious injuries aren’t always inflicted by a strange dog, even familiar dogs can attack. Dog bites are by far the most common animal bite injuries in the United States. They make up between a large portion of animal bite injuries annually, with cat bites coming in between a small percent. Animal bites can cause serious injury and even death. Dog bite fatality rates are relatively low, forty-eight per year. There are several steps you should take after you are bitten. Fortunately, widespread vaccination means that most domestic animals have had the rabies vaccine, so this deadly infection is much less common than it used to be. According to the National Foundation for Infectious Diseases, about five thousand animal rabies cases occur annually, and only ten per cent of those cases are domestic animals. However, if you are bitten by an unfamiliar canine, there is no way of knowing if it has the rabies virus. The rabies virus attacks the central nervous system and is fatal to any victim. If you’ve been bitten by a stray or even a familiar dog who doesn’t have proof of vaccination or who hasn’t been vaccinated on a routine schedule, the best thing to do is to seek a vaccine immediately. You don’t want to take the risk that you could have been bitten by an infected dog According to the Centers for Disease Control, someone with an infection risk of rabies should be first treated with Human Rabies Immune Globulin before they embark on a series of rabies vaccines. This should be administered as soon as possible after exposure in tandem with the first vaccine, and three additional vaccines should be administered. Some dog bites result in minor injuries, but the potential for rabies infection and other injuries, dog bites are not something you should disregard. It is important to seek medical attention so that you can get prophylactic antibiotics and ensure that you have a record of the dog bite incidence. Dog attacks frequently leave victims with serious cuts & and permanent scarring. Dog bites frequently require stitches and bandages, particularly if the bite wound is deep and if the bleeding shows no signs of slowing down. You may even need to undergo expensive surgeries due to the bite wounds you suffer. The most severe type of dog bite wounds are called avulsions. In these cases, soft tissues and even facial features are torn away, leaving behind skin and muscle hanging in flaps. This severe laceration would definitely require reconstructive surgery, which could increase the risk of infection. Overloaded boats These painful and common injuries may deform the area of your body that the dog attacked, and permanent scarring is not uncommon. According to the American Society of Plastic Surgeons, doctors performed over twenty-eight thousand reconstructive surgeries as a result of dog bites in 2015 alone. Many victims of dog attacks suffer from permanent facial scarring, and facial deformities can be both physically and emotionally painful. Reconstructive surgery is often required, and younger children who suffer dog bites to the face could require multiple surgeries to deal with persistent scarring. Contact Maryland Accident Lawyer if you have questions about bog bites. You’ve probably heard tetanus referred to as “lockjaw,’ and you might know it can result in muscle spasms as well as the inability to open your mouth. If the dog’s attack knocks you to the ground, it is possible that you could experience a traumatic, if your head hits a hard surface or object. This could result in memory loss, cognitive impairments, balance issues, and more. Permanent disabilities are more common in cases involving children because of their smaller frames. Sadly, some child victims of dog attacks have experienced permanent visual impairment. Dog attacks often result in deep wounds because of the sharpness of canine teeth and claws. If a bite punctures your skin, you need to seek immediate medical attention. Puncture wounds are usually deeper than lacerations, meaning they’re more likely to cause an infection. When you go to the doctor, he or she will likely clean and treat your wound thoroughly and also prescribe prophylactic antibiotics to prevent infection. It is also possible you might require stitches to dog effectively treat bite wounds and achieve wound closure. Dog bites are especially likely to get infected because the attack involves the animal’s mouth. Any animal bites run the risk of infection, but dog bites and cat bites are most frequently seen in emergency rooms. While it is said that dogs have cleaner mouths than humans, that is not necessarily the case. According to a study, dogs have more than six hundred types of bacteria in their mouths, while humans have six hundred and fifteen. In other words, you should avoid dog bites and human bites if you hope to avoid the infection risk that comes with any animal bites. Avoid cat bites, too, even though their mouths contain half the bacteria of a dog’s mouth. In addition to standard bacterial infections that will likely respond quickly to antibiotic treatment, dog bites can cause significant and unusual types of infection. A typical infection can cause pus, fever, and redness at the wound site, and swelling. In the event you notice any of these symptoms, you need to seek immediate medical attention. Infections can become life-threatening when left untreated. These unusual and severe bacterial infections are caused by the bacteria that live in a cat’s or dog’s mouth. People who take immunosuppressants such as steroids or people with weakened immune systems among other risk factors are susceptible to this kind of infection, which exhibits symptoms such as: Tetanus is an incredibly dangerous infection that enters the body through puncture wounds and can cause symptoms including: Tetanus will require hospitalization, and treatment includes intravenous tetanus immune globulin drugs as well as antibiotics and potentially a respirator. Contact Maryland Accident Attorney if you have questions about bog bitesDIFFICULT AND COMPLEX CASES ACCEPTED
A dog attack can leave you with numerous injuries, but there are five common injuries that occur when dogs bite. In this blog, you’ll learn about these different types of injuries as well as laws.
What Do You Do If You Are Bitten By A Dog?
What are the Most Common Types of Bite Injuries?
RABIES
LACERATIONS
SCARRING
TETANUS
BRAIN INJURIES
PUNCTURE WOUNDS
INFECTION
COMPLICATIONS
Antibiotics can treat these infections!