Who is liable if a dog bites me in Maryland?

1. Liability Standard

Maryland uses a rebuttable-presumption framework under Md. Code, Cts. & Jud. Proc. § 3-1901, enacted after Tracey v. Solesky. The owner is presumed to have known of the dog's vicious propensities at the time of the attack.

2. Statutory Elements

Plaintiff must show: (a) defendant owned the dog; (b) the dog caused personal injury or death; and (c) the attack occurred while plaintiff was in a public place or lawfully on private property. The presumption then shifts the burden to the defendant.

3. Common-Law "One-Bite" Doctrine

The owner can rebut the statutory presumption by showing they neither knew nor should have known of vicious propensities. If rebutted, traditional one-bite scienter analysis applies.

4. Trespasser Defense

Trespassers cannot recover under the statute.

5. Provocation Defense

Provocation is a defense, as is contributory negligence — which in Maryland completely bars recovery.

6. Comparative Fault

Maryland retains pure contributory negligence; any fault by plaintiff bars recovery. This makes provocation defenses devastating.

7. Landlord Liability

Landlords may be liable with knowledge of the dog's dangerous propensities and contractual ability to remove the dog (Matthews v. Amberwood Associates).

8. Homeowner's Insurance

Maryland homeowner's policies typically cover dog bites; breed exclusions are common.

9. Damages

Medical bills, lost wages, scarring, disfigurement, future surgeries, and pain and suffering. Non-economic damage caps apply under Cts. & Jud. Proc. § 11-108.

10. Criminal Liability

Under Md. Code, Crim. Law § 10-619, owners of dangerous dogs causing serious physical injury face misdemeanor charges; reckless endangerment possible.

This is legal information, not legal advice.