Dog bites can result in severe injuries, emotional trauma, and significant medical expenses for the victim. Navigating Maryland’s complex dog bite laws is essential for understanding your rights and the potential avenues for compensation. At The Law Office of Ben Evan, we are dedicated to providing the Clinton, Maryland community with educational, informative, helpful, and unique content focusing on personal injury law. In this blog post, we will explore the key aspects of Maryland’s dog bite laws, factors that may influence recovery, possible defenses that a dog owner might raise, and the importance of retaining an experienced personal injury attorney to advocate on your behalf.
Understanding the nuances of Maryland dog bite laws is critical to ensuring that your rights are protected, and fair compensation is secured. In the subsequent discussion, we will examine Maryland’s strict liability standard, the role of contributory negligence, and the statute of limitations for dog bite cases. Our goal is to empower you with the knowledge needed to make well-informed decisions when pursuing a dog bite claim and to recognize the value of partnering with an experienced attorney from The Law Office of Ben Evan who can help you achieve the best possible outcome.
Maryland’s Strict Liability Standard for Dog Bite Cases
Under Maryland’s dog bite laws, a dog owner may be held strictly liable for injuries caused by their dog in certain cases:
1. Strict Liability: In Maryland, a dog owner is held strictly liable for injuries caused by their dog if the victim was not trespassing on the owner’s property and did not provoke the dog.
2. Dog at Large: Strict liability generally applies when a dog is running at large, meaning it was roaming freely and not restrained by a leash or contained on the owner’s property.
3. Mixed Breed Dogs: Maryland’s strict liability standard applies to all dog breeds, not just those categorized as dangerous or aggressive.
4. Exceptions: Strict liability may not apply if the victim was trespassing, provoked the dog, or there was comparative negligence involved.
Negligence and Contributory Negligence in Dog Bite Cases
In Maryland, negligence can be a factor in establishing liability for dog bite cases:
1. Negligence: A dog owner may be held liable for a dog bite injury if it is proven that the owner failed to take reasonable precautions to prevent the injury, such as not restraining a known aggressive dog.
2. Contributory Negligence: Maryland is one of the few states that follow the doctrine of contributory negligence, meaning if the victim is found to have contributed to their injury in any way, they may be barred from receiving compensation.
3. Comparative Negligence: Maryland does not follow the doctrine of comparative negligence, which would allow the victim to recover compensation for their injuries proportionate to their level of fault. Instead, under Maryland’s contributory negligence rule, even a small degree of fault on the part of the victim may result in no recovery.
Statute of Limitations for Maryland Dog Bite Cases
It is important to be aware of the time limits for filing a dog bite claim in Maryland:
1. Time Limit: In Maryland, victims generally have three years from the date of the dog bite incident to file a personal injury lawsuit.
2. Exceptions: There are some exceptions to the three-year limitation period, such as in cases where the injured party is a minor or legally incapacitated. In these cases, the statute of limitations may be extended.
Possible Defenses Raised by Dog Owners in Maryland
Dog owners may present various defenses in Maryland dog bite cases:
1. Trespassing: A dog owner may argue that the victim was trespassing on their property at the time of the bite, which could lead to a dismissal of the claim.
2. Provocation: The dog owner may claim that the victim provoked the dog, causing the dog to bite in self-defense or fear.
3. Contributory Negligence: A dog owner might argue that the victim’s own negligence contributed to the dog bite injury, such as failing to heed warnings about the dog or engaging in risky behavior around the animal.
Conclusion:
Understanding Maryland’s dog bite laws and the various factors that can influence your ability to recover compensation for your injuries is essential for anyone who has suffered a dog bite. By being aware of the strict liability standard, negligence doctrines, and statute of limitations, you can advocate for your rights and seek fair compensation for your injuries. Partnering with an experienced personal injury attorney from The Law Office of Ben Evan can significantly enhance your chances of success in navigating the complexities of Maryland’s dog bite laws.
If you have been a victim of a dog bite in Maryland, the experienced team at The Law Office of Ben Evan in Clinton, Maryland, is here to help. Our dedicated personal injury attorneys understand the intricacies of dog bite laws and can assist you in building a strong case, navigating potential defenses, and securing the compensation you deserve. Contact us today for a consultation to discuss your case, and let us advocate for your rights through this challenging process.