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.