FOR YOUR PRACTICE | PERSONAL INJURY
Investigating & Litigating Dog Bite Cases in Maryland BY SAMANTHA DOS SANTOS, ESQ.
Statutory Landscape
To effectively investigate and litigate dog bite cases in Maryland, it is essential to understand the evolving statutory landscape and its applicability under Md. Code Ann., Cts. & Jud. Proc. § 3-1901 (2024) (hereinafter Cts. & Jud. Proc. § ___ ). Given Maryland’s application of strict liability, the facts of each dog bite case may be dispositive of liability, thereby necessitating a thorough intake process. As with other personal injury matters, it is critical to identify each tortfeasor, including, but not limited to, the dog owners and any potential corporate parties, such as a kennel or daycare business. It is also necessary to understand the scene of the dog bite, which may require a visit to take photographs and memorialize the conditions that allowed the subject dog to escape confinement or supervision. Early investment during the intake process yields more favorable outcomes in dog bite cases. There are two statutory components to consider in dog bite cases during the intake process. First, there is a rebuttable presumption that a dog owner “knew or should have known” of their dog’s vicious propensities.1 Second, a dog owner is liable for any injury, death, or loss to person or property that is caused by their dog “while the dog is running at large” with enumerated exceptions.2 These exceptions apply if the injured person was (1) committing or attempting to commit a trespass or other criminal offense; was (2) committing or attempting to commit a criminal offense; or was (3) teasing, tormenting, abusing, or provoking the dog.3 While these two components can be thoroughly addressed in litigation through the discovery process, early attention at intake can help determine whether the incident is viable to pursue. The next question is whether there is sufficient insurance coverage for the injuries sustained in the dog bite.
Locating Insurance Coverage
After evaluating the liability posture of the case and disposing of the applicability of the enumerated exceptions, the next step is to locate insurance coverage. For dog bite cases, insurance coverage is typically extended by renters or homeowners insurance, assuming there is no exemption or preclusion in the policy. Depending on where a dog bite occurs, identifying the dog owner’s residence and their status as a homeowner or renter may be simple or may require additional 1 2 3
66
MSBA.ORG | VOLUME 7 ISSUE 3
Cts. & Jud. Proc., §3-1901(a)(1) Cts. & Jud. Proc., §3-1901(c) Cts. & Jud. Proc., §3-1901(c)(1-3)