Dog Bites: A Guide to Understanding Your Legal Rights and Options
A dog bite incident can be a traumatic experience, often leaving victims with physical injuries, emotional distress, and potential medical bills. Maryland’s dog bite laws include specific rights and legal options for victims seeking compensation.
This guide provides an overview of the steps after a dog bite, Maryland’s legal framework for dog bite liability, and various options for obtaining fair compensation for injuries.
Immediate Steps to Take After a Dog Bite in Maryland
Taking prompt action after a dog bite can help ensure safety, preserve crucial evidence, and support any potential legal claim that may arise.
Seek Medical Attention
Even if the wound appears minor, dog bites can lead to infections, tetanus, or other complications if untreated. Seeking medical treatment is essential not only for health reasons but also to document the injuries, which is crucial should a lawsuit be pursued.
Report the Incident
Maryland law requires that animal attacks be reported to local animal control authorities. Reporting ensures that the dog’s behavior is documented and that any potential risks to public safety are addressed. Animal control may investigate the incident, which can help establish evidence for your claim.
Identify the Dog’s Owner and Gather Information
Try to obtain the following information:
- Owner’s contact details (if known)
- Details about the dog’s vaccination history, particularly for rabies
- Witness contact information
- Photos of your injuries and the area where the incident took place
This information is vital for pursuing any insurance claims or legal actions against the dog’s owner.
Maryland’s Dog Bite Laws and Liability Standards
Understanding Maryland’s dog bite laws can help you determine who may be held responsible for your injuries and whether you have grounds for a legal claim.
Strict Liability for Dog Bites
Maryland operates under a “strict liability” standard for dog bite cases. According to the law, dog owners can be held strictly liable for injuries their dog causes, even if the dog has not shown any aggressive behavior in the past. This strict liability law means that the owner is typically liable if their dog bites someone and causes injury.
However, Maryland also allows certain defenses for dog owners, which may affect the victim’s ability to recover damages.
Contributory Negligence in Maryland
Maryland follows a contributory negligence rule, which can significantly impact dog bite cases. Under this rule, if the victim is found to have contributed to the incident in any way, they may be barred from recovering any compensation. For example, if the victim provoked the dog, the owner’s liability may be reduced or even nullified.
The “Dangerous Dog” Rule
State law categorizes some dogs as “dangerous” if they have previously shown aggressive behavior. Owners of dangerous dogs must take reasonable precautions to prevent harm to others. If a known dangerous dog bites someone, the owner may face additional penalties, and the victim’s case may be strengthened.
Negligence Claims
If the strict liability rule does not apply, victims may still pursue a negligence claim. In these cases, the victim would need to prove that the dog’s owner failed to exercise reasonable care in controlling or restraining the dog. For instance, if the dog was off-leash in an area where leashes are legally required, a negligence claim may be appropriate.
Pursuing Compensation After a Dog Bite in Maryland
Maryland allows dog bite victims to seek compensation for a variety of damages, including:
Medical Expenses
Victims can claim compensation for all medical costs related to the injury, such as:
- Emergency room visits
- Surgery and hospitalization
- Medication
- Physical therapy
- Future medical expenses related to ongoing care
Lost Wages and Reduced Earning Capacity
If the injury prevents the victim from working, either temporarily or permanently, they may be entitled to compensation for lost wages and potential future income.
Pain and Suffering
Maryland law recognizes that dog bite victims may suffer physical pain, mental anguish, and emotional distress. Compensation for pain and suffering is typically determined based on the severity of the injuries and the impact on the victim’s quality of life.
Disfigurement or Scarring
Dog bites often leave victims with scars or permanent disfigurement, which can have lasting psychological and social effects. Compensation may include damages for any lasting disfigurement caused by the bite.
Property Damage
In cases where a dog bite incident causes damage to personal belongings, such as torn clothing or broken glasses, the victim can seek compensation for these items.
When to Consider Legal Action After a Dog Bite
Not every dog bite case requires a lawsuit. Some cases may be resolved through an insurance claim, while others may benefit from legal action. Here are some situations where taking legal action might be beneficial:
When the Owner’s Insurance Refuses to Pay
Homeowners’ insurance policies often cover dog bites. However, if the insurance company denies the claim or offers an insufficient settlement, legal action may be necessary to seek fair compensation.
When Serious Injuries Are Involved
If the dog bite results in severe injuries, such as significant scarring, loss of function, or extensive medical treatment, the compensation amount may be substantial, and legal representation can help maximize the recovery.
If the Owner Disputes Liability
In some cases, dog owners may deny responsibility for the incident. A lawyer can help gather evidence and build a case to prove liability.
When a Dangerous Dog Is Involved
If a dog has a history of aggression or is considered dangerous, legal action may be warranted to ensure the owner faces appropriate consequences and to protect others from potential harm.
How a Personal Injury Lawyer Can Help Dog Bite Victims
A lawyer can help evaluate your claim, handle negotiations with the insurance company, and guide you through the legal process. Here are some ways a lawyer can assist:
Investigating the Incident
An experienced lawyer can gather evidence, interview witnesses, and work with experts to establish liability. They can also review animal control records to check if the dog has a history of aggression.
Negotiating with Insurance Companies
Insurance companies may try to minimize the amount they pay out. A lawyer can negotiate with insurance representatives on your behalf to ensure you receive fair compensation.
Filing a Lawsuit if Necessary
If negotiations don’t result in a fair settlement, a lawyer can file a lawsuit on your behalf. They will manage all aspects of the litigation process, from filing motions to presenting evidence in court.
Ensuring Compliance with Maryland’s Statute of Limitations
Maryland has a strict statute of limitations for filing personal injury claims, including dog bite cases. Victims have three years from the date of the incident to file a claim. Missing this deadline can prevent the victim from recovering damages, so timely action is essential.
Frequently Asked Questions About Dog Bites in Maryland
Here are some common questions that dog bite victims may have:
Q: What if I was bitten by a dog on public property?
A: Maryland’s dog bite laws apply to incidents on both private and public property. However, certain factors may affect liability, such as leash laws and public property regulations.
Q: Can I sue if a dog bit my child?
A: Yes. In fact, children are often more vulnerable to serious injuries from dog bites, which can strengthen the legal claim. Parents can file a claim on behalf of a minor child.
Q: What if I was partially at fault?
A: Maryland’s contributory negligence rule means that if the victim contributed to the incident in any way, they may not recover damages. A lawyer can help assess the specifics of the case to determine if contributory negligence might be a factor.
Let a Laurel Dog Bite Attorney Help You Protect Your Rights After a Dog Bite
Dog bite incidents are painful and potentially life-changing, but understanding Maryland’s legal framework for dog bite claims can help victims make informed decisions. Maryland residents can safeguard their rights and improve their chances of receiving fair compensation by taking immediate steps to document the incident, reporting it to animal control, and consulting with an experienced personal injury attorney.
If a dog has bitten you or someone you know, speak to a knowledgeable Laurel dog bite attorney who understands Maryland’s dog bite laws to discuss the best course of action for your situation.