Guide to Maryland Dog-Bite Laws

People love their pets, especially dogs. According to a 2024 survey by the American Pet Products Association (APPA), about 58 million U.S. households include at least one dog. Dog ownership comes with great joy and great responsibility. An owner is not only responsible for taking care of their dog, but could also face legal liability if their pet injures someone or damages property. Unfortunately, these incidents are not uncommon--about 4.5 million people are bitten by dogs each year according to the Insurance Information Institute (III).

Dog owners in Maryland--and anyone who's been harmed by someone else's pet--should know how the state's laws apply to them.

Maryland's Strict Liability Dog-Injury Law

Maryland uses a strict liability rule to decide if owners are responsible for injuries, deaths, or property damage caused by their dogs. If the owner is responsible, then they must pay the victim's damages. ("Damages" is the legal term for the losses a plaintiff suffers that must be covered by the defendant.)

Under strict liability, a victim does not have to prove that the dog's owner did something wrong. As long as the victim can show that the dog injured them or damaged their property, the court will assume that the owner is legally responsible. (Owners can still offer defenses to try to rebut this assumption.)

Keep in mind that Maryland's dog-injury law covers all injuries inflicted by dogs. There's no legal difference between a bite and, for example, an injury a victim suffers because a dog knocked them down.

Maryland's strict liability rule applies in two situations.

Automatic responsibility if the dog was running at large. An owner is strictly liable for any injuries or property damage caused by their dog while it is running at large. Maryland law doesn't have an exact definition of "running at large." In general, though, it means that the dog is not under anyone's physical control. For example, if the owner (or some other responsible person) is walking the dog and has a firm grip on its leash, then the dog is not "running at large."

Even if the dog was running at large, the owner is not responsible for injuries or property damage if the victim was:

• trespassing or attempting to trespass on the owner's property
• committing or attempting to commit a criminal offense against any person or on the property of the owner, or
• teasing, tormenting, abusing, or provoking the dog.

Presumed liability for injuries or deaths. Under Maryland's common law, the owner of a domestic animal is strictly liable for injuries caused by the animal if:

• the animal has a vicious or dangerous propensity
• the owner knows about that propensity, and
• the victim's injuries were caused by the animal's vicious or dangerous behavior.

Maryland's dog-injury law creates a rebuttable presumption that, if a dog kills or injures someone, the owner knew in advance about their pet's vicious or dangerous propensity. Owners are therefore strictly liable for the victim's damages unless they can prove either that:

• their dog didn't have vicious or dangerous tendencies, or
• there was no way they could have known about the dog's vicious or dangerous tendencies.

(Md. Code, Cts. & Jud. Proc. § 3-1901 (2024); McDonald v. Burgess, 254 Md. 452 (Md. 1969).)

Other Dog-Injury Liability Rules: Negligence and the "One-Bite" Rule

Maryland's strict liability law applies to all claims against owners for injuries caused by their dogs. It also covers the most likely scenarios where a dog might damage someone's property. But what if you believe someone other than the owner is responsible for your injuries or damaged property? Since the state's strict liability law applies only to owners, you will need to seek compensation under a different legal theory. There are two potential options under Maryland law:

• a negligence claim, or
• a claim under the state's so-called "one-bite" rule.

The "one-bite" rule. Despite the name, this rule doesn't have much to do with whether the dog has bitten anyone. Instead, it means that a person is liable for an injury (or property damage) caused by a dog if:

• they had a legal duty to protect people from the dog
• they knew the dog had a vicious or dangerous propensity, and
• the victim's injuries were caused by the dog's vicious or dangerous behavior.

So, who--besides the owner--has a legal duty to protect people from a dog? This can be a complicated legal question. But, in general, a person who cares for the dog in the owner's place (for example, by pet-sitting or walking the dog) is legally responsible for the dog's behavior. So, for example, imagine that a friend of the owner is walking the owner's dog, and the dog bites someone. The friend's liability will be based on whether they knew the dog had a tendency to bite.

Landlords can also have a duty to protect people from a tenant's dog. But, again, the landlord must know (or have reason to know) about the dog's dangerous tendencies. And a landlord's liability is usually limited to common areas of the property. If a dog hurts someone who is inside its owner's rented house or apartment, the landlord generally will not be liable.

Note that the "one-bite rule" standard can also come up in strict liability cases. That's because (unless the dog was running at large) the strict liability rule only creates a presumption of liability. Owners can rebut that presumption by proving either that their dog has no dangerous tendencies, or that they could not have known about those tendencies when the incident occurred.

Negligence claims. Even people who are unaware of a dog's dangerous tendencies might be liable for negligence. In a negligence case, the victim has to show that:

• the defendant had a legal duty to control the animal
• the defendant did not take reasonable steps to protect people from the animal, and
• someone was hurt as a result of the defendant's irresponsibility.

In deciding a negligence case, a court will ask whether the defendant exercised the amount of control over the dog that a "reasonable person" would have in the same situation. For example, imagine that someone is walking a dog on a long leash, and decides to take the animal through a crowd. If the animal suddenly changes direction, and someone trips over the leash, a judge or jury could conclude that a reasonable person, in the same situation, would have kept the animal on a shorter leash. The dog walker would therefore be liable for negligence.

(Latz v. Parr, No. 977 (Md. Ct. Spec. App. Jun. 9, 2021).)

Criminal Liability for Dangerous Dogs in Maryland

Maryland has a dangerous dog law.

A dog can be classified as dangerous if, without provocation, it kills or inflicts severe injury on a person.

A dog can also be classified as dangerous after two incidents in which it:

• bites a person
• attacks without provocation, or
• kills or severely injures a domestic animal while off its owner's property.

After the first incident animal control can classify the dog as potentially dangerous. Once it has this classification, animal control can classify the dog as dangerous if there is another incident.

Owners of dangerous dogs are required to follow a number of rules. For example, they must keep the dog securely confined when it's on their property, and they may only take it off of their property if it is muzzled and restrained. An owner who violates these rules may be charged with a misdemeanor and fined up to $2,500.

(Md. Code, Crim Law § 10-619 (2024).)

Maryland Dog Owner Defenses

As we discussed above, Maryland's strict liability law allows owners to argue that they are not responsible because the plaintiff was:

• trespassing
• committing a crime, or
• provoking the dog.

(Md. Code, Cts. & Jud. Proc. § 3-1901 (2024).)

Defendants in dog-injury cases can also raise the defense of contributory negligence. Maryland is one of a small number of states that use this rule. Under contributory negligence, a plaintiff who shares any blame for their own injuries cannot recover any damages from the defendant.

Getting Help With Your Dog-Injury Case

If you've been hurt by a dog, or someone has accused your dog harming them, you may want to speak with an attorney. A lawyer who handles these kinds of cases can help you understand your options and decide how to proceed.