Maryland Dog Bite Laws: Liability and Victim Rights

How Maryland Dog Bite Liability Works

Maryland provides strong protections for dog bite victims through a combination of statutory law and common law principles. The state's primary dog bite statute, Md. Code, Cts. & Jud. Proc. Section 3-1901, took effect on April 8, 2014, and fundamentally changed how liability works for dog owners across the state.

Unlike traditional "one-bite" states where victims must prove the owner knew their dog was dangerous, Maryland creates a rebuttable presumption of owner knowledge. If a dog causes personal injury or death, the law presumes the owner knew or should have known that the dog had vicious or dangerous propensities. The burden then shifts to the owner to prove otherwise.

This approach gives victims a significant legal advantage. You do not need to show that the dog bit someone before or that the owner received prior warnings about the dog's behavior. The injury itself triggers the presumption of liability.

Three Categories of Liability Under Section 3-1901

Maryland's statute creates three distinct liability frameworks depending on the circumstances.

Subsection (a): Owner liability with rebuttable presumption. When a dog owner is sued for personal injury or death caused by their dog, evidence that the dog caused the harm creates a rebuttable presumption that the owner knew or should have known about the dog's dangerous tendencies. The owner can attempt to overcome this presumption with evidence, but the starting position favors the victim.

Subsection (b): Non-owner liability under common law. When someone other than the owner is sued (such as a landlord, dog-sitter, or kennel operator), the pre-2012 common law rules apply. The victim must prove the non-owner knew or had reason to know about the dog's dangerous propensities. This standard is harder to meet but still allows claims against parties who harbored or cared for a dangerous dog.

Subsection (c): Strict liability for dogs running at large. The owner of a dog is liable for any injury, death, or loss to person or property caused by the dog while it is running at large. Maryland courts have defined "running at large" as meaning the dog is free, unrestrained, or not under control. This is true strict liability with no presumption to rebut.

The History Behind Maryland's Dog Bite Law

Understanding how Maryland arrived at its current framework helps explain the law's structure and purpose.

Tracey v. Solesky (2012)

In 2012, the Maryland Court of Appeals issued a landmark ruling in Tracey v. Solesky. The court declared pit bulls and pit bull mixes "inherently dangerous" and imposed strict liability on their owners and landlords for any injuries these dogs caused, regardless of whether the dogs had previously shown aggressive behavior.

The decision sparked intense public debate. Dog owners, animal welfare organizations, and landlords raised concerns about breed discrimination and the practical difficulties of identifying pit bull mixes. Landlords worried about increased liability exposure and began refusing to rent to tenants with certain dog breeds.

The 2014 Legislative Fix

In response, the Maryland General Assembly passed House Bill 73, which Governor Martin O'Malley signed into law on April 8, 2014. This legislation:

• Eliminated breed-specific strict liability from Tracey v. Solesky
• Applied the same legal standard to all dogs regardless of breed
• Created the rebuttable presumption framework for dog owners
• Preserved common law standards for non-owners
• Established absolute strict liability for dogs running at large

The result is the current Section 3-1901 framework that balances victim protection with fairness to responsible dog owners of all breeds.

Defenses Available to Dog Owners

Even under Maryland's victim-friendly framework, dog owners have several potential defenses.

Rebutting the Presumption

Under Subsection (a), the presumption that the owner knew about the dog's dangerous propensities is rebuttable. An owner can present evidence showing they had no reason to believe the dog was dangerous. This might include the dog's history of gentle behavior, training records, temperament assessments, or testimony from veterinarians and neighbors.

Statutory Exceptions for Dogs Running at Large

Under Subsection (c), even when a dog is running at large, the owner is not liable if the injured person was:

• Committing or attempting to commit a trespass or other criminal offense on the owner's property
• Committing or attempting to commit a criminal offense against any person
• Teasing, tormenting, abusing, or provoking the dog

Provocation

If the victim provoked the dog through teasing, hitting, tormenting, or other aggressive behavior, the owner's liability may be reduced or eliminated. The provocation must be significant enough that a normally calm dog would react aggressively.

Contributory Negligence

Maryland is one of only a few states that still follows the doctrine of contributory negligence. Under this rule, if the victim's own actions contributed even slightly to causing the injury, the victim may be completely barred from recovering any damages. This is an important defense in dog bite cases where the victim's behavior may have played a role.

Landlord Liability for Dog Bites in Maryland

Landlords and other non-owners face a different legal standard under Subsection (b) of Section 3-1901.

For non-owners, the common law rules that existed before April 1, 2012, apply. This means the victim must prove:

• The landlord knew or had reason to know the tenant's dog had dangerous propensities
• The landlord had the ability to remove the dog or take other protective action
• The landlord failed to act to protect others

A landlord's liability typically extends only to injuries that occur in common areas of the property, such as hallways, lobbies, parking lots, and shared outdoor spaces. If a dog bites someone inside the tenant's own rented unit, the landlord generally will not be liable.

Anyone who "harbors" a dog by giving it shelter or care can also face liability under these common law principles, even if they are not the dog's legal owner.

Practical Steps for Landlords

Landlords in Maryland should consider taking these steps to reduce liability:

• Include clear pet policies in lease agreements
• Require tenants with dogs to carry renter's insurance with liability coverage
• Document any complaints about aggressive dogs
• Take prompt action when a tenant's dog shows dangerous behavior
• Inspect common areas regularly for safety hazards related to pets

Damages Available in Maryland Dog Bite Cases

Dog bite victims in Maryland can pursue both economic and noneconomic damages.

Economic Damages

There is no cap on economic damages in Maryland. Victims can recover the full amount of:

• Medical expenses, including emergency care, surgery, and rehabilitation
• Future medical costs for ongoing treatment
• Lost wages and loss of earning capacity
• Property damage
• Costs of counseling or therapy

Noneconomic Damages

Maryland caps noneconomic damages under Md. Code, Cts. & Jud. Proc. Section 11-108. The cap increases by $15,000 each year on October 1. For injuries occurring in the current period (October 1, 2025, through September 30, 2026), the cap is $965,000 for personal injury cases.

Noneconomic damages include:

• Pain and suffering
• Emotional distress and psychological trauma
• Scarring and disfigurement
• Loss of enjoyment of life
• Loss of consortium

For wrongful death cases involving two or more claimants, the cap is 150% of the personal injury cap.

Damage Type	Cap	Notes
Economic damages	No cap	Full recovery of all documented losses
Noneconomic damages (personal injury)	$965,000 (2025-2026)	Increases by $15,000 annually on Oct. 1
Noneconomic damages (wrongful death, 2+ claimants)	$1,447,500 (2025-2026)	150% of personal injury cap

Statute of Limitations

Under Md. Code, Cts. & Jud. Proc. Section 5-101, dog bite victims have 3 years from the date of the injury to file a lawsuit. This deadline applies to all personal injury claims in Maryland.

Important details about the filing deadline:

• The clock starts on the date the bite or injury occurs
• If the victim is a minor (under 18), the 3-year period does not begin until the child turns 18, giving them until their 21st birthday to file
• Claims against government entities often have shorter notice requirements
• Missing the deadline almost always results in permanent dismissal of the claim

Do not wait until the deadline approaches. Evidence fades, witnesses become harder to locate, and medical records may become more difficult to obtain over time.

Dangerous Dog Designations Under Criminal Law

Maryland's dangerous dog statute, Md. Code, Criminal Law Section 10-619, provides a criminal framework for addressing dangerous dogs.

Definition of "Dangerous Dog"

A dog qualifies as "dangerous" if it:

• Without provocation, has killed or inflicted severe injury on a person
• Has been determined to be "potentially dangerous" by a county or municipal authority and then bites a person, kills or seriously injures a domestic animal when not on the owner's property, or attacks without provocation

"Severe injury" means a physical injury resulting in broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery.

Requirements for Dangerous Dog Owners

Owners of dogs designated as dangerous must follow strict rules:

• Confinement: The dog cannot be left unattended on the owner's property unless confined indoors, in a securely enclosed and locked pen, or in another structure designed to restrain the dog
• Public access: The dog cannot leave the owner's property unless leashed and muzzled, or otherwise securely restrained and muzzled
• Transfer notification: If the owner sells or gives the dog to someone else, they must notify both the authority that made the dangerous determination and the new owner in writing

Criminal Penalties

Violating the dangerous dog statute is a misdemeanor punishable by a fine of up to $2,500. This criminal penalty applies on top of any civil liability the owner may face for injuries caused by the dog.

The statute does not apply to dogs owned by and working for a governmental or law enforcement unit.

Breed-Specific Legislation in Maryland

Maryland has moved decisively away from breed-specific regulations at both the state and local levels.

At the state level, Section 3-1901 explicitly applies the same legal standards to all dogs "without regard to the breed or heritage of the dog." This language was a direct response to the Tracey v. Solesky ruling that singled out pit bulls.

At the local level, the most significant recent change occurred in Prince George's County. In November 2025, the Prince George's County Council voted to repeal its nearly 30-year ban on pit bull breeds. The new law, which took effect in December 2025, replaced the breed-specific ban with behavior-based dangerous dog rules that include:

• Registration, education, and permit requirements for previously banned breeds
• Civil penalties: $500 for a first violation, $1,500 for a second, and $3,000 for a third
• Proof of microchipping, vaccination, and spaying or neutering
• Leash laws limiting leash length to 10 feet

With this change, Maryland no longer has any jurisdiction with an active breed-specific ban. All counties and municipalities now use behavior-based approaches to identify and regulate dangerous dogs.

Dog Owner Responsibilities

Maryland law imposes several responsibilities on all dog owners, not just those with dangerous dog designations.

Leash and Confinement Laws

While Maryland does not have a statewide leash law, most counties and municipalities require dogs to be leashed in public areas. Specific requirements vary by jurisdiction. Allowing a dog to run at large triggers strict liability under Section 3-1901(c).

Vaccination Requirements

Maryland requires all dogs to be vaccinated against rabies. Under Md. Code, Health-General Section 18-318, dog owners must have their pets vaccinated by a licensed veterinarian and maintain current vaccination records.

Licensing

Most Maryland jurisdictions require dogs to be licensed and registered. Licensing typically requires proof of current rabies vaccination.

Reporting Requirements

If a dog bites a person, the bite must be reported to the local health department. The dog may be required to undergo a quarantine period (typically 10 days) to monitor for signs of rabies.

How to File a Dog Bite Claim in Maryland

If a dog has bitten you in Maryland, take these steps to protect your legal rights:

1. Get medical treatment immediately. Your health is the top priority, and medical records serve as critical evidence of your injuries.

2. Report the incident. File a report with local animal control and the police. This creates an official record of the attack.

3. Document everything. Photograph your injuries (including follow-up photos as they heal), the location where the bite occurred, and the dog if possible.

4. Gather information. Get the dog owner's name, address, phone number, and homeowner's or renter's insurance information.

5. Identify witnesses. Collect names and contact information from anyone who saw the attack.

6. Preserve physical evidence. Keep torn or bloody clothing and any other items damaged in the attack.

7. Check the dog's history. Request records from animal control about any prior complaints or incidents involving the dog.

8. File your claim within 3 years. Under the statute of limitations, you must file a lawsuit within 3 years of the injury.

More Maryland Laws

• Maryland Lemon Laws
• Maryland Hit and Run Laws
• Maryland Recording Laws
• Maryland Car Seat Laws
• Maryland Whistleblower Laws
• Maryland Statute of Limitations
• Maryland Child Support Laws
• Maryland Sexting Laws