Maryland dog law
Liability Statute
Maryland does not have a Dog Bite Statute.
Common Law Liability
Under Maryland’s common law, a dog owner is liable for injuries caused by his or her dog when the owner fails to exercise reasonable care, fails to control the animal, or fails to prevent the harm caused by the animal. The owner’s knowledge of the dog’s propensities is relevant in determining the degree of control a reasonable person would have taken under the circumstances. Even if the owner is unaware of the dog’s mischievous propensity, the owner can still be found negligent if he failed to exercise reasonable care in controlling the animal or preventing the harm.
Dangerous Dog Statute
The Meaning of a “Dangerous Dog”
Under Maryland law, a “dangerous dog” is:
- a dog that, without provocation, has killed or inflicted severe injury on a person. A “severe injury” is one that results in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.
- a dog that was determined by the appropriate local authority to be a “potentially dangerous dog” and thereafter bites a person;
- a dog that, when off its owner’s property, killed or inflicted severe injury on a domestic animal; or
- a dog that attacks without provocation.
The Meaning of a “Potentially Dangerous Dog”
A “potentially dangerous dog” is:
- a dog that has bitten a person;
- a dog that has killed or inflicted severe injury on a domestic animal when not on its owner’s property; or
- a dog that has attacked without provocation.
Legal Responsibilities of a Dangerous Dog Owner
It is illegal for a dangerous dog owner to leave the dog unattended on the owner’s property, unless it is either confined indoors or is securely enclosed outdoors in a locked pen or other structure designed to restrain the dog. It is also illegal to allow a dangerous dog to leave the owner’s property unless the dog is securely restrained and muzzled.
Owners’ Liability
A person who violates the statute is guilty of a misdemeanor and subject to a fine of up to $2,500.
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Please note: State law information collected from LexisNexis™ electronic database in 2005. All of our lawyers are licensed to practice in the state of Pennsylvania. We also have lawyers licensed to practice in Ohio, and West Virginia and we associate with experienced attorneys in other states.
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