Getting Familiar with Maryland Dog Bite Laws
Emergency rooms across the state handle more than 5,000 dog-related injury visits every year. While the initial shock and adrenaline may blunt the pain, insurance companies waste no time reaching out for recorded statements—often hoping to secure admissions that can undermine future claims. The decisions made in those early moments, even before the first bandage is changed, can shape the outcome of a dog bite personal injury claim. Knowing and applying Maryland dog bite laws quickly is essential for anyone seeking fair compensation.
Call the best dog bite injury lawyer in Maryland for a free case evaluation and discover what your claim is truly worth.
Maryland’s Liability Framework for Dog Bite Cases
When a dog bite happens, Maryland’s legal system steps in with rules that can feel both protective and unforgiving. The main principles outlined below shape whether an owner is immediately responsible, whether an insurer will pay, and how victims must act to keep their claim alive. Review these essentials before taking any steps toward a claim.
Strict Liability—When the Dog Was “At Large”
Maryland law underwent a significant change in 2014 following years of public confusion and court battles over breed-specific dog bite liability, especially after the landmark Tracey v. Solesky, 427 Md. 627 (2012) decision. In response, the General Assembly enacted Courts & Judicial Proceedings § 3-1901, which now governs owner liability for dog-inflicted injuries.
Under § 3-1901, an owner is “strictly liable” if their dog is running at large and injures a person. The statute defines “running at large” as a dog not under the control of its owner or an authorized person, and not on the owner’s property or within an enclosure.
The law states:
“In an action against an owner of a dog for damages for personal injury or death caused by the dog, evidence that the dog caused the injury or death creates a rebuttable presumption that the owner knew or should have known that the dog had vicious or dangerous propensities.”
In practice, this means:
- The victim does not have to prove the owner foresaw the dog’s aggression or had prior knowledge of dangerous behavior.
- The fact of the bite alone triggers a presumption of liability against the owner.
- The owner can defend themselves only by proving that the injured person was committing a criminal act, trespassing, or provoked the dog.
Strict liability accelerates claims and narrows insurance defenses to questions of damages (such as medical expenses, lost wages, and pain and suffering), rather than fault. This matters, because dog bites often result in significant expenses—emergency care, rabies treatment, reconstructive surgery, and ongoing therapy are all common.
Retaining an injury lawyer in Maryland ensures this statutory presumption is established early in negotiations, preventing insurers from deflecting blame or needlessly delaying claims.
Common-Law Negligence—When the Animal Was Leashed or Confined
Strict liability does not apply if the dog was not “at large”—that is, if the dog was on a leash, confined, or on the owner’s property. In these cases, Maryland courts apply common-law negligence. The burden then falls on the injured party to prove the owner failed to exercise reasonable care in controlling or restraining the animal.
Examples of negligence can include:
- Ignoring or failing to fix a broken fence or gate,
- Violating leash laws (for example Prince George’s County Code § 3-145),
- Overlooking signs of prior aggression—such as the dog previously growling, lunging at passersby, or chasing children.
Evidence that a dog previously bit or attacked a person, or demonstrated dangerous propensities, can help establish the owner’s liability for negligence (Matthews v. Amberwood Associates, 351 Md. 544 (1998)).
Seasoned MD personal injury attorneys often allege both strict liability and negligence in the same lawsuit to preserve every possible route to recovery as new facts emerge in discovery.
Maryland’s Contributory Negligence
Maryland is among the few states still applying the pure contributory negligence rule. Under this doctrine, if the injured person is found to be even one percent at fault for the incident—such as by provoking the dog, ignoring clear warning signs, or entering a property without permission—they are barred from any recovery (Coleman v. Soccer Ass’n of Columbia, 432 Md. 679 (2013)).
For example, a jury could deny damages to a person who teased the animal or disregarded “Beware of Dog” postings. Insurance adjusters are keenly aware of this rule and often seek any evidence—however minor—to shift blame to the victim. Early representation by an experienced personal injury lawyer is crucial to proactively counter such strategies and preserve the claim.
Statute of Limitations and Municipal Notice Requirements
For most personal injury actions—including dog bite claims—Maryland imposes a three-year statute of limitations from the date of injury. Lawsuits filed after this deadline are almost always dismissed, regardless of their merit.
If the dog bite was caused by a government-owned animal (for example, a police K-9) or occurred on government property, additional hurdles exist:
- Under the Local Government Tort Claims Act (LGTCA), written notice of a claim must be provided to the relevant government entity within 180 days of the injury (Md. Code Ann., Cts. & Jud. Proc. § 5-304).
- Missing this notice requirement will bar the claim, even if it would otherwise be successful.
A prompt consultation with an attorney ensures all deadlines and notice requirements are met while the injured party focuses on medical recovery.
Insurance Policy Minefields
Dog bite claims are typically covered by the owner’s homeowner’s or renter’s insurance policy, but policy exclusions and caps are common.
- Many policies limit medical payments coverage (sometimes as low as $5,000).
- Some policies exclude certain breeds labeled “dangerous,” or restrict coverage for incidents occurring off the owner’s property.
- Umbrella policies—which are separate from standard homeowner’s insurance—may provide additional protection, sometimes up to $1 million or more.
Insurance carriers rarely volunteer information about these higher limits. Only the best personal injury lawyer in Maryland with litigation experience will know how to demand policy disclosures, issue subpoenas, and—if necessary—raise bad-faith claims if insurers hide or misrepresent coverage.
Building a Strong Dog Bite Personal Injury Claim
Medical charts alone seldom persuade an insurance evaluator who must justify payouts to corporate supervisors. A compelling dog bite personal injury claim blends physical evidence, statutory leverage, and expert testimony into a seamless narrative of responsibility. The following list highlights proof categories adjusters respect; each item should reach counsel within days, not weeks:
- Official Documentation – Emergency-room reports, imaging, surgical notes, vaccination cards, and the full animal-control file reveal objective injury severity and statutory violations.
- Visual and Testimonial Evidence – Time-stamped photos of the wounds, scene images showing a sagging gate or snapped lead, and signed statements from neighbors or delivery drivers freeze the moment before defense counsel can distort it.
Everything is indexed chronologically by paralegals so that a jury sees progressive scarring without confusion. Demonstratives—such as life-size 3-D prints of healed lacerations—then translate sterile records into visceral proof. Even when liability appears clear, carriers hire economists to minimize wage-loss projections and psychiatrists who frame nightmares as “transient.”
Countering those tactics demands board-certified plastic surgeons forecasting revision costs and forensic accountants documenting diminished earning capacity. A claimant proceeding pro se rarely knows which specialists sway Baltimore-area juries, while accident lawyers in Maryland build that roster over years of verdicts.
What Full Compensation Looks Like—and How Courts Calculate It
Victims often undervalue long-term consequences, accepting payment for stitches while ignoring the MRI that reveals nerve damage months later. Maryland juries can award for three broad categories, each requiring separate proof:
- Economic Losses – Past and future medical care, rehabilitation, and lost earnings. Vocational experts quantify career disruption, from a warehouse foreman unable to lift to a classical guitarist with hand scarring.
- Non-Economic Losses – Pain, suffering, and disfigurement are subject to annually adjusted caps yet still constitute life-shaping sums when scars remain visible.
- Derivative Harm – Spouses may claim loss of consortium, and parents may recover for extraordinary childcare required during rehabilitation.
The average settlement or court award for a dog bite injury in Maryland generally ranges between $30,000 and $55,000, depending on the severity of injuries, insurance coverage, and long-term consequences. Nationally, the average payout for a dog bite claim in 2024 was approximately $69,272, according to the Insurance Information Institute, which reports on trends in dog bite liability claims across all states.
A comprehensive study by the Insurance Research Council found that individuals represented by legal counsel receive, on average, 3.5 times higher compensation for dog bite claims than those who handle their cases alone. This difference reflects the challenges of proving future medical needs, quantifying lost earnings, and defending against common insurance tactics designed to minimize payouts.
Children who suffer dog bites in Maryland often require multiple surgeries as they grow and may develop long-term psychological effects. Courts consider these future costs and emotional harms when calculating compensation, often resulting in higher awards or settlements for pediatric cases.
Get Justice for Your Maryland Dog Bite Injury
Maryland’s dog-bite statute gives victims leverage, but only diligent evidence collection, disciplined medical follow-through, and strategic legal pressure convert that leverage into life-changing compensation. The Law Office of Ben Evan has the courtroom skill, investigative depth, and financial resources to press every advantage—contact us today and move toward recovery with confidence that no detail, deadline, or defense will derail your claim.