Maryland Dog Bite Liability

Maryland no longer gives owners a free first bite: the law presumes they knew the dog was dangerous, and holds them liable when a dog runs at large. But the state's contributory negligence rule still bars any victim who was even slightly at fault.

Cited to Md. Code, Cts. & Jud. Proc. §3-1901 FigureMyTax Editorial Team Free · no sign-up

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A presumption, a strict rule, and a harsh defense

Under Courts and Judicial Proceedings §3-1901, evidence that a dog caused an injury creates a rebuttable presumption that its owner knew or should have known the dog had vicious or dangerous propensities, and a judge may not decide before the verdict that the presumption has been rebutted. Separately, an owner is liable for any injury caused by a dog running at large, unless the victim was trespassing or committing a crime on the owner's property, committing a crime against anyone, or teasing, tormenting, abusing or provoking the dog.

None of this displaces Maryland's contributory negligence rule, which bars recovery by a victim who contributed to the harm in any degree. Children under five are the exception — they can't be contributorily negligent. For anyone other than the owner, such as a landlord, the statute preserves the common law as it stood on April 1, 2012, regardless of breed.

Injured in Maryland?

A local personal injury attorney can review your claim — many offer a free consultation.

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This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Maryland statute. Confirm how these rules apply to your specific case with a licensed Maryland attorney.