After You're Bitten - Proving Ownership of the Dog For Liability Purposes

When you pass a dog along the street or sidewalk during your morning run or even the short trip to your mailbox, it's important to remain vigilant. You may know the dog, or at least have seen it around the neighborhood, but that doesn't mean the dog is passive or friendly. If you attempt to extend a friendly hand or acknowledge the animal, you risk being bitten. In the event it should happen, the steps you need to take should be first designed to address your health and then your ability to file a claim to cover any expenses - medical and potentially more.
After you have been bitten and are able to confirm the identity of the dog in question, you must identify the owner. Typically, if the dog is wearing a collar with identification, ownership may be easily determined, but what happens in the event the dog has no identification, or the current ID is invalid? It is possible to discover the name and address on a dog's collar belongs to a previous owner who may deny liability for your injury. If ownership is not clear or easily determined, you will need to investigate. When you retain the services of a personal injury attorney who works on dog bite cases, he will interview you about your knowledge of the dog and anybody connected to the animal. It isn't unusual for an attorney to contact people in the neighborhood for answers. There are several possibilities to look to for help in identifying the dog and its owner:

• Postal carriers- The neighborhood mailperson will have an intimate knowledge of the neighborhood, and may recognize pets that play in the yards. If your carrier can connect the attacking dog to a house, that's a plus.


• Service people- Think of all the recent services that have come into the neighborhood recent weeks: painters, contractors, landscapers, and the cable guy. If any recall such a dog in a home where they worked, get that information.


• Police or animal control authorities- If the dog in question has been involved in a prior incident that was reported to the police or animal control authorities, there will be a record you can access for identification purpose.


• Veterinarians- If the dog has been treated by a veterinary clinic, there will be records available. Your lawyer may research all the clinics and animal doctors in the vicinity.

With careful research, you can identify the owner of the attacking dog, then work toward getting appropriate compensation. One reason why few dog bite victims are compensated is because the claims are not filed. If you feel you deserve compensation and you cannot identify the dog's owner, don't give up! There are people who can help you, not the least of which is an attorney who regularly deals with animal attack cases.

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Kathryn Lively is a freelance writer specializing in articles on Fairfax personal injury attorneys and Wheaton personal injury lawyers.

Maryland's New Dog Bite Law

This past May, Maryland joined thirty-three other states that have strict liability laws against dog bites.  Maryland sent a strong message showing it intends to protect victims of dog bites, making the owners liable in case of an attack.  The law, however, applies only to Pit Bulls and Pit Bull crossbreeds.

According to this law, if a Pit Bull bites you or your child, the owner of the dog is held liable, period, no discussion.  But what if you became a victim of a bite by another dog breed?

All other dog breeds fall under Maryland’s “one-bite rule,” which makes the owner responsible for a bite only if the dog has acted violently before. In other words, if a dog bites you, before you can recover any type of compensation, you will need to prove that you were not the dog’s first victim.  

This situation may leave people thinking only Pit Bulls are dangerous. Will the owners of Rottweilers, German Shepherds, American Bulldogs, Boxers and other breeds and crossbreed dogs be held responsible in a case of an attack? For now, no, only Pit Bull owners and the owners of a Pit Bull crossbreeds are liable in a first dog bite case.

With the passage of the anti Pitt Bull law, the behavior of at least three groups is predicted to change.

Pit Bull owners – Pit Bull owners are facing difficult times right now. Some are even giving up their dogs, because landlords are taking steps to rid their properties of these dogs.  Pit Bull owners may face eviction if they do not willingly get rid of their dog.

Landlords – Landlords may be held liable in a case of an attack.  In an effort to shield themselves from the potential problems, many are telling their tenants to get rid of the dog or move out, and they are making owning Pit Bulls a lease violation.   

Homeowner Insurance Companies - Dog bite claims are typically paid by the dog owner’s homeowner’s insurance company, expect to see these policies in Maryland soon exclude coverage if the dog is a Pit Bull.  This will leave the dog owner fully financially exposed if his or her dog attacks someone, providing another incentive to get rid of the dog.

Millions of people become victims of dog bites every year, and many of them are children.  Dog attacks can be deadly. Protect yourself at all times and report a dog bite to local authorities immediately.  Finally, contacting an attorney can increase your chances for obtaining compensation.

Paul A. Samakow is an attorney licensed in Maryland and Virginia, and has been practicing since 1980.  He represents injury victims and routinely battles insurance companies and big businesses that will not accept full responsibility for the harms and losses they cause. He can be reached at any time by calling 1-866-SAMAKOW (1-866-726-2569), via email, or through his website. He is also available to speak to your group on numerous legal topics.  Paul is the featured legal analyst on the Washington Times Radio, on the Andy Parks show, on Wednesdays at 5:15 P.M., and he is a columnist on the Washington Times Communities.

His book The 8 Critical Things Your Auto Accident Attorney Won't Tell You is free to Maryland and Virginia residents and can be obtained by ordering it on his website; others can obtain it on Amazon.