Dog bites put people in immense physical pain and can cause serious physical and emotional injuries. It’s important to make sure that the dog’s owner is held liable for the harm caused and that you have a way forward for recovering damages.
A Catonsville dog bite attorney can help you with the details of your personal injury case so you can focus on recovery. Our experienced attorneys are committed to delivering personalized legal strategies tailored to your unique needs and circumstances.
How a Catonsville Dog Bite Attorney Can Help You
A dog attack is a serious and often painful event that no one hopes to go through. However, if you or a loved one has injuries caused by a dog bite, then you have a right to see that the responsible party is held accountable and recover compensation for your damages. Recovery for a dog bite is usually through the dog owner’s homeowner’s or renter’s policy.
Compensation for Injured Dog Bite Victims
In a dog bite injury claim, you have the right to file for your damages, which include things like your medical bills and any lost wages that you incur as a result of the dog bite. Typically, the insurance company of the dog owner, harborer, or keeper is responsible for paying any settlement or judgment reached in the matter. You may also be eligible for non-economic damages, often referred to as pain and suffering and mental anguish.
Some of the damages you can seek compensation for include:
- Medical bills
- Future medical expenses
- Emotional distress
- Pain and suffering
- Lost wages
- Property damage
A personal injury lawyer specializing in dog bites will know the best way to approach your court case and give you legal counsel so that the other party is responsible for your damages. It is important to seek counsel and not speak with the dog owner’s insurance company. Insurance is not trying to maximize your recovery, and things you say to them might be used at a future hearing to try and minimize your case.
At Zirkin & Schmerling, we work with dog bite victims in Catonsville, Baltimore City, Anne Arundel County, Harford County, Glen Burnie, and other locations throughout the Maryland area to ensure you receive the compensation you deserve. We pride ourselves on our compassionate approach, ensuring you feel supported throughout your legal journey.
Contact the Zirkin & Schmerling Law office at 410-753-4611 for a free consultation.
Understanding Strict Liability vs. Negligence in Dog Bite Lawsuits
Maryland dog bite law uses a hybrid system of negligence and strict liability in determining whether a victim may be compensated. Under strict liability, a victim will be compensated and the wrongdoer, usually the dog owner or harborer, will be held liable for dog bites if, for example, the dog was running at large before attacking. The only exceptions to this are if the dog bite victim was trespassing, tormenting or teasing the dog before it attacked.
Under a theory of negligence, an owner or harborer of a dog may be held liable for a victim’s injuries if they acted unreasonably in controlling their dog or if they had reason to know of their dog’s vicious propensities and failed to control the dog. A Maryland dog bite attorney will be able to help determine liability to make sure you are not held responsible for someone else’s negligence and that you are compensated fairly if you were a victim of a dog bite.
Zirkin and Schmerling law will help you pursue a dog bite case with the help of an experienced attorney. They will help to navigated the complexity of Maryland dog bite law.
Does Maryland Have a One-Bite Rule?
A common misconception is that Maryland law contains a one-bite rule, where the dog must have bitten before for the owner to be liable for damages in dog bite cases. However, this isn’t the case. Maryland is also a breed neutral state, meaning that no breed is treated differently under the law than any other breed of dog. Whether you have pit bulls or poodles, the dog owner must act in a reasonable manner to secure their animal, and ensure that an innocent victim is not bitten.
Furthermore, regardless of whether a dog owner knows or should know of their dog’s vicious propensity, every owner is required to make sure their dog does not run at large. If a dog is running at large and bites someone, the owner, harborer, or keeper of the dog is strictly liable for all damages.
What Is Strict Liability in Maryland Law?
Maryland uses a standard of strict liability in certain circumstances. This law states that the dog’s owner is strictly liable for any injuries or damages their animal causes. The victim is not required to prove that the dog owner did something wrong in the specific instances where strict liability applies.
For example, if a dog is running at large and bites someone, the owner, harborer, or keeper of the dog is strictly liable for all damages regardless of the dog’s bite history. Additionally, a dog owner, harborer, or keeper may be strictly liable if they are aware of a dog’s past vicious behavior, such as biting another individual, and fails to take necessary precautions against a subsequent attack.
Do You Need to Prove Negligence in Baltimore County for Dog Bites?
If the circumstances of your case merit use of Maryland’s strict liability law, there is no need for a victim to prove negligence. In cases such as a bite occurring while the dog is running at large, the dog owner will be held strictly liable and negligence need not be proven.
For cases where strict liability does not attach, victims need to prove negligence of the dog’s owner, harborer, or keeper. One example of proving negligence would be to show that the owner of the dog knew or should have known of the vicious tendencies of the dog.
Maryland law now has a rebuttable presumption that dog owners knew or should have known of their dog’s vicious propensity. That means they are presumed to be at fault for any injuries inflicted by their dog, unless they can prove that they had no knowledge of the dog’s prior propensity. Whether they rebutted the presumption is up to a jury in every case.
Contributory Negligence: When Is a Dog Owner Not Liable?
Contributory negligence is not a defense to a case that merits strict liability. In certain cases where a Plaintiff is proving negligence, one defense commonly attempted by insurance companies is a claim of contributory negligence. In these cases, the defense tries to prove that the dog bite victim played a role in their injuries and isn’t able to receive compensation for the dog bite.
Examples of behavior that might warrant a successful contributory negligence defense included a dog bite victim teasing a dog or trespassing on the property of the dog owner.
The following actions by the dog bite victim might be used as defenses by insurance companies in both strict liability and negligence cases:
When Someone Is Trespassing: If a person sustains a dog bite while trespassing on the property of the dog owner, any injuries the dog caused usually do not fall under the rules of standard dog attacks where the victim can seek compensation for damages.
If Someone Is Committing a Crime: If a person is committing or is attempting to commit a criminal offense against the dog owners or their property, then the dog bite liability rules do not apply to the victim.
The Dog Is Provoked: A final exception to the bite law in Maryland can occur when the dog is provoked, teased, or abused leading up to the bite. In this case, the injured person is at least partially negligent for their own injuries. However, this claim does require evidence and is difficult to prove, especially against animals with a reputation for dog attacks.
What to Do if Your Pet Is Seized After a Dog Bite Incident
It’s terrible to know that your pet has injured a person in a dog bite incident. In some dog bite cases, the authorities will seize your animal and take it for observation or until the investigation is concluded. In these situations, it’s important to know your legal rights and options as the owner.
Don’t panic: The first step is to remain calm and try to gain control over the situation. If you panic, your pet could become more distressed, leading to the dog biting again. Try to remove your dog from the situation.
Offer support to the injured person: Next, it’s important to give support to the victims in the case. Don’t promise any financial compensation at the scene and wait until you’ve spoken with a dog bite lawyer, but help the victim get medical attention and focus on taking care of the bite injury.
Gather evidence: Document the scene as best you can so you have as much evidence as possible to support your side of events during the dog bite case.
Cooperate with authorities: Don’t fight against authorities if they step in. Cooperate with animal control or the police and take down their information so you can follow up on the status of your dog.
Review your legal options with Baltimore dog bite lawyers: A dog bite lawyer can help you understand your rights and how to proceed in court should you and the victims be unable to settle outside of court.
They can also help you avoid getting taken advantage of if the victims try to extend their case to non-economic damages far beyond the scope of their actual suffering.
What to Do if Your Dog Is Returned to You
If you can recover your dog from the authorities, as the owner it is your responsibility to ensure the dog is unable to cause another dog bite injury.
Here are a few steps to follow:
Work with a certified trainer: A certified animal trainer can help you work through the dog’s aggression or fear so they are better trained and less likely to bite.
Keep the dog under your control: Always keep the pet on a leash when outside, and don’t allow it to roam free in your yard without your direct supervision.
Avoid public places: Stay away from dog parks or other public places where you can still be found liable if the dog bites.
Keep away from other dogs: Some breeds, like pit bulls, have a disposition that doesn’t always get along with other animals. It can be in their best interest to keep them away from other dogs.
Consider final options: In the worst-case scenario, the dog might be too much of a danger to others to safely remain in your care. As the owner, you may need to make a difficult decision for the best interest of the dog and those around you.
No owner wants to have to consider final options for their pet because of a dog bite injury. Therefore, it’s best to do the work to train and monitor your dog’s behavior long before it bites. If your dog doesn’t get along with others, don’t put it in a situation where it has the opportunity to attack.
What if the Dog Bite Occurred in a Public Park?
If the incident occurs in a public place, like a dog park, the same rules for strict liability and negligence apply to and injuries that are sustained. It is presumed that the owner knew their pet had the potential to cause harm, and therefore they are still liable for any damages caused in public unless they rebut that presumption. And if a dog is permitted to run at large, the owner of the dog is strictly liable for those injuries with limited exceptions.
Contact Zirkin & Schmerling | Catonsville Dog Bite Lawyers
Dog bite cases are serious and can lead to long-term injuries or permanent disfigurements. A dog bite lawyer can help you with recovering compensation for your damages so you can move forward after the incident without additional stress.
A Catonsville dog bite attorney, like the professionals at Zirkin & Schmerling, knows the laws of Maryland and the best ways to help you recover damages from an attack.
At Zirkin & Schmerling Law, your well-being is our top priority. We are here to provide comprehensive legal support to help you navigate through these challenging times.