Dog bites are the painful aftermath of a dog attack, and can leave people with serious injuries. Both physical injuries and psychological impacts can arise in the aftermath of a dog bite case, with people in need of financial compensation to cover medical care costs and other impacts of the traumatic event.
A dog bite lawyer in Maryland will have extensive knowledge of the state law regarding dog bites, including who should be held liable and what damages can be included in a dog bite injury claim. A legal team like Zirkin & Schmerling knows how to work with people who have been injured by a dog bite and help you recover compensation.
Get a free consultation with our team today and get the support you need for a Maryland dog bite case with an experienced attorney from Zirkin & Schmerling. Your well-being is our top priority. We are here to provide comprehensive legal support to help you navigate through these challenging times.
Contact the Zirkin & Schmerling Law Firm today by calling 410-753-4611.
Understanding Contributory Negligence in Dog Bite Cases
A dog attack is a frightening thing to experience and leads to intense pain and suffering. To make sure the dog’s owner is held accountable for the dog bite injuries, it’s critical to work with Maryland dog bite lawyers who can establish negligence.
Understanding Dog Bite Liability in Maryland: Strict Liability vs. Negligence
When it comes to dog bite incidents in Maryland, the legal framework differentiates between strict liability and negligence, providing clear guidelines on when each applies. Here’s what you need to know if you’re dealing with a dog bite case.
Strict Liability in Dog Bite Cases
Maryland law imposes strict liability in certain situations where a dog bites someone.
Strict liability means the dog owner is automatically responsible for any damage caused by their dog under specific conditions:
- Previous History: If the dog has bitten someone before or has shown aggressive behavior.
- Leash Laws: If the dog was off its leash at the time of the incident in an area where a leash is legally required.
However, there are notable exceptions to this rule where strict liability does not apply:
- Victim’s Provocation: If the bite was a result of the victim provoking the dog.
- Criminal or Attempted Criminal Activity: If the bite occurred while the victim was engaging in or attempting to engage in criminal activity.
- Trespassing: If the victim was trespassing on the dog owner’s property at the time of the bite.
In scenarios where none of the exceptions apply and the dog was previously known to be aggressive or was off leash, the owner faces strict liability.
Negligence and Dog Bites
In cases that don’t meet the criteria for strict liability, the victim must prove negligence to hold the dog owner accountable.
Negligence involves demonstrating that the dog owner knew or should have known about the dog’s potential for viciousness and failed to take reasonable steps to prevent the dog from biting.
Presumption of Liability in Maryland
In Maryland, a specific provision adds another layer to negligence cases. The law presumes that a dog owner knew or should have known their dog was dangerous if it causes personal injury or death. This creates a rebuttable presumption of liability, where the burden shifts to the dog owner to prove that they had no reason to believe their dog was dangerous.
This framework ensures that dog owners maintain a high level of responsibility for their pets’ actions, particularly in situations where their pets pose a risk to public safety. Victims of dog bites should consult with legal experts to navigate these complex legal waters effectively.
Who Has The Final Say in Maryland Law?
Contributory negligence is most often used as a defense by dog owners when their animal was provoked by the victim before the bite. They will argue that the bite victim instigated the dog case through their own actions.
There are a few exceptions to the law, usually in the case of children. Children under five can’t be held to any contributory neglect, which parents should keep in mind, as children are the most common victims of dog bites.
However, if the child is over five, then the parents can also be found negligent for not taking proper care of protecting their child from harm. The dog owner can argue that the child over 5 was aggravating the dog and the parents failed to protect their child, even on the dog owner’s property.
In the end, the court will decide whether any exception to the rule comes into effect. A dog bite lawyer in Maryland will know the ins and outs of the law and be able to provide more guidance on what defense might be brought up and how you can make your compensation claim.
Financial Impact of a Dog Bite on Dog Owners
Each year, there are millions of dollars paid out in dog bite cases in Maryland. A dog owner can be responsible for a large settlement due to the one-bite rule and the difficulty in proving negligence on the victim.
Dog Bite Injuries
Dog bites are more than just nips from a friendly family pet. They can be brutal and, in the worst cases, deadly. Small children and elderly people are the most common human victims of dog attacks, but other animals can also be caught in a dog’s sharp teeth.
Some of the most common injuries that arise from dog bites include:
- Puncture wounds
- Infections
- Permanent scars
- Pain and suffering
- Rabies
- Nerve damage
- Post-traumatic stress disorder (PTSD)
- Fractures
- Facial trauma
- Bruising
- Hand injuries
That’s not including the other costs that are associated with a dog bite that can come up and be included in a compensation suit.
These additional costs include:
- Lost wages
- Medical expenses
- Emergency room visits
- Legal fees
- Property damage
Average Dog Bite Settlements
The average Maryland dog bite settlement ranges between $10,000 and $100,000, although it can be higher or lower depending on the severity of the bite, the medical costs for treating injuries, and liability. Many dog bite attorneys offer free consultations so you can get a picture of what your settlement might be before taking the case to court.
An experienced dog bite attorney will be able to help people who have suffered injuries recover compensation if the dog owner failed to exercise reasonable care and is found negligent of the one-bite rule. They take good care of injured clients and help guide the case toward a successful outcome.
Contact Zirkin & Schmerling Law Firm to get the compensation you deserve at 410-753-4611.
Role of an Insurance Company in Dog Bite Injury Cases
A dog bite is an injury that falls under a homeowner’s insurance policy or renters’ insurance policies. If you own a dog of any breed, it’s a good idea to call your insurance company and see that your policy covers a dog bite.
If you don’t have a policy with your insurance company to cover a dog bite, then you could have to pay for the injured party’s medical bills out of pocket. Depending on the severity of the case, you could be out thousands or even hundreds of thousands of dollars.
Not all insurance companies will take out policies on certain dog breeds, so make sure you look up the laws in Frederick County and explore the various companies that offer policies. As the dog’s owner, you want to do your due diligence in protecting yourself and your dogs in the case of a legal action.
The Role of Animal Control in Dog Bite Incidents
After a dog bite, one of the first steps is to get medical treatment for your injuries. However, it’s equally as important to call animal control and file a report. Some people hesitate to do this, especially if they are familiar with the dog’s owner, as it seems like an aggressive step.
However, filing a report with animal control is an important part of documenting your experience and ensuring that the person responsible for any severe injuries is able to be held accountable in court.
It’s also important that dogs are documented when they bite. Some dogs carry diseases like rabies, or have a bite history that the owner knew about but didn’t disclose. All of these factors can play a role in recovering damages after a dog bite incident.
What Is Animal Control?
Animal control is a government service that takes calls about animals, helping free up time for other government departments, like law enforcement agencies. They manage requests for all kinds of animals, including wild animals and domesticated animals like dogs.
In a dog bite incident, animal control will come to the scene and identify the dog and the owner. They may take the dog into quarantine to make sure it doesn’t have rabies or another disease. They’ll also write a report and take statements from any witnesses, which can be a big legal help for you when you file a claim.
How to Contact Animal Control
After a dog bite, there are a few steps to take to make sure animal control responds to the scene.
First, try to identify the dog and the owner. If it is a dog familiar to you, this will be easier to do, but there are cases where the owner is not nearby or the dog isn’t one that you’ve seen before. Don’t put yourself in harm’s way, but do your best to find the dog owner.
Next, look up the local animal control number and call them to the scene. Give them the address of the attack, along with your current location. Follow any instructions they give for caring for injuries, and call for medical treatment as well.
Finally, make sure that animal control files a report when they arrive at the scene. Answer all their questions, give as much detailed information as possible, and be sure to cooperate fully with the investigation. The report will be an important part of your compensation claim, and your dog bite attorney will require a copy along with your medical records.
Training Your Dog to Prevent Aggressive Behavior
Dog bite cases can be incredibly expensive for owners. In the worst cases, people can be severely injured to the point the dog is considered a threat and is required by the court to be put down. No animal lover wants to see this, and it can be devastating for all parties.
To avoid undue injuries and suffering, it’s helpful to try and train your dog to prevent any aggressive behavior, like biting.
Pay Attention to Signs of Aggression
If your dog starts showing signs of aggression, pay attention to what triggers those behaviors and how the dog responds. Does it happen when you have guests over, when they are eating, or when small children run by?
Common signs of aggression in dogs include:
- Growling
- Snapping or biting
- Laying down and getting up
- Laying ears flat to the head
- Yawning or nose licking
- Turning away
- Tucking the tail under the legs
- Stiffening and staring
Try Desensitization to Stressful Events
If your dog is showing signs of stress or aggression during specific events, it’s helpful to start training your dog to be desensitized to those conditions. Try to remove the stimuli from the dog, and add it back in small doses. This can help your dog learn how to be comfortable around stressful situations, like other dogs, strangers, or loud noises.
However, make sure you have control over the dog when you try this technique so you can pull them away without incident if the behavior becomes aggressive. Working with a professional can help you know how to go about desensitization.
Give Them Plenty of Exercise
Some dogs become aggressive or irritated when they have a lack of stimulation in their lives. This can lead to snapping or biting. Make sure you are giving your dogs plenty of exercise and activity throughout the day. For example, taking a long walk can tire out a dog, just like playing fetch, swimming, puzzles, and obedience training.
Work with a Professional Trainer or Behaviorist
If your animals exhibit particularly aggressive behavior, it’s best to work with a certified specialist. These professionals will know how to manage the dog’s behavior. They’ll use a comprehensive training program to help eliminate behavior that can lead to bites, which makes both you as the owner and the dog much happier.
A vet might also be able to prescribe medication that can help calm a pet that acts aggressively, or diagnose an issue that you were unaware of that might cause the dog to become stressed and lash out with biting behavior. Letting this behavior go unchecked can lead to terrible situations that put you or others at risk, as well as costing you money in financial compensation to cover dog bite injuries.
Contact a Dog Bite Lawyer in Towson, Maryland | Zirkin & Schmerling Law
At the law offices of Zirkin & Schmerling, we provide our clients with Maryland dog bite lawyers who understand the laws of negligence and accountability and can help you receive the best possible compensation for your injuries. We have a background in getting our clients the best possible settlement for their dog bite injury claims and can represent you in a personal injury case.
If you want a free consultation for your dog bite case, then reach out to Zirkin & Schmerling by clicking the link to our page or give us a call at 410-753-4611 to learn what your options are today.