Personal Injury
A dog bite can change everything in a matter of seconds. One moment you're walking through your neighborhood, visiting a friend's home, or checking the mail. The next, you're in an emergency room with puncture wounds, lacerations, or worse — facing surgery, scarring, and medical bills you didn't plan for.
If this has happened to you or your child in Maryland, the law may be more favorable to you than you realize. But it's also more complicated than most people expect — and the details matter.
Maryland overhauled its dog bite law in 2014, and the statute that replaced the old rules created a framework that is genuinely different from what exists in most other states. Understanding that framework is the difference between recovering fair compensation and losing your claim entirely.
I'm Joshua Sussex, a personal injury attorney at SG Legal Group. I handle dog bite cases across Maryland, and in this article, I'm going to walk you through exactly how the law works — including the parts that most articles about this topic leave out.
Maryland's dog bite law is governed by Md. Code, Cts. & Jud. Proc. § 3-1901, which took effect on April 8, 2014. The statute replaced a patchwork of common law rules and a controversial court decision, and it created a system that works differently depending on the specific circumstances of the attack.
There are two main paths to liability under the statute, and the distinction between them is critical.
Under § 3-1901(a), when a dog causes personal injury or death, the fact that the dog caused the injury creates a rebuttable presumption that the owner knew or should have known the dog had vicious or dangerous propensities.
In plain terms, this means the victim does not need to prove the dog had a history of aggression. The law presumes the owner had knowledge of the danger. The burden then shifts to the owner to try to overcome that presumption.
Here's what makes this provision powerful: the statute specifically states that a judge cannot rule as a matter of law that the presumption has been rebutted before the jury returns a verdict. That language was written deliberately. It guarantees that the question of whether the owner knew about the dog's dangerous tendencies goes to a jury — and juries tend to be sympathetic to dog bite victims, especially when the injuries are severe or involve children.
The second path is even more direct. Under § 3-1901(c), an owner is strictly liable for any injury, death, or property damage caused by a dog while the dog is "running at large." Strict liability means the victim does not need to prove negligence, knowledge of dangerousness, or anything else about the owner's state of mind. If the dog was at large and caused injury, the owner pays.
The only exceptions to this strict liability are narrow: the victim was committing or attempting to commit a trespass or other crime on the owner's property, the victim was committing a crime against a person, or the victim was teasing, tormenting, abusing, or provoking the dog. That's it. Outside of those three situations, if a dog is running at large and injures someone, the owner is liable — period.
An important 2023 case, Blitzer v. Breski, clarified what "running at large" actually means under the statute. The Appellate Court of Maryland held that a dog is running at large when it is "free, unrestrained, or not under control." This applies even on the owner's own property. If someone is lawfully present on the property — a mail carrier, a delivery driver, a neighbor's child — and the dog is unrestrained and attacks, the strict liability provision applies.
To understand why Maryland's current dog bite law exists, you need to understand the case that forced the legislature's hand.
On April 28, 2007, a 10-year-old boy named Dominic Solesky was playing in an alley behind his home in Towson, Maryland — not far from where I practice today. A pit bull named "Clifford" escaped from a tenant's inadequate backyard pen and attacked him. The injuries were devastating. The dog severed Dominic's femoral artery and left deep facial and body scars. He underwent five hours of emergency surgery at Johns Hopkins, spent 17 days in the hospital, and endured a full year of rehabilitation.
The dog's owner was a tenant who declared bankruptcy and couldn't pay damages. The Solesky family sued the landlord, Dorothy Tracey, arguing she knew the tenants kept pit bulls and should have acted. The case went all the way to Maryland's highest court.
In April 2012, the Court of Appeals issued a landmark decision in Tracey v. Solesky, ruling 4-3 that pit bulls were "inherently dangerous" as a breed. The court imposed breed-specific strict liability: anyone who knew or had reason to know a dog was a pit bull was automatically strictly liable for any attack. No prior history of aggression needed. No evidence of negligence required. The breed alone was enough.
The decision was intended to protect victims. But it created chaos. Landlords across Maryland immediately began banning all dogs — not just pit bulls — from rental properties. Animal shelters reported pit bulls flooding in, with some shelters euthanizing all pit bulls. Insurance companies threatened to drop coverage. Animal welfare organizations, including the ASPCA and the Maryland SPCA, mobilized against the ruling.
After two years of political debate — including a failed special session in 2012, a failed compromise bill in 2013, and a governor-appointed task force — the legislature passed § 3-1901 in 2014. The new statute abrogated the Tracey v. Solesky decision entirely. It replaced breed-specific liability with a breed-neutral framework that applies the same legal standard to all dogs, regardless of breed or heritage.
The result is the law we have today: a system that protects dog bite victims through the rebuttable presumption and the running-at-large provision, without singling out any breed. It's a better law. But it has nuances that can determine whether a claim succeeds or fails.
This is the section most articles about Maryland dog bite law skip — and it may be the most important one.
Maryland is one of only four states (plus the District of Columbia) that follows pure contributory negligence. Under this doctrine, if you contributed even one percent to causing your own injury, you are completely barred from recovering any compensation. Not reduced compensation. No compensation at all.
In the context of a dog bite, contributory negligence can come up in ways many people don't expect. Ignoring a clearly posted "Beware of Dog" sign. Reaching over a fence to pet an unfamiliar dog. Approaching a chained or restrained animal. Walking through a yard where an unleashed dog is visible. Any of these actions could give the dog owner's insurance company the argument it needs to deny your claim entirely.
I've seen insurance adjusters raise contributory negligence in cases where the argument is thin — and I've seen it work when victims aren't prepared for it. This is one of the reasons having an attorney involved early matters so much. The way you describe the incident, the evidence you preserve, and the timeline of events can all affect whether contributory negligence becomes a viable defense.
The Exception for Young Children
There is one important exception. Under established Maryland case law, children under the age of five cannot be found contributorily negligent under any circumstances. For children ages five and older, the standard is adjusted — they are held to the standard of a reasonable person of like age, intelligence, and experience, rather than the adult standard. And critically, a parent's negligence is generally not imputed to bar a child's own claim.
This matters because children are, statistically, the most common dog bite victims. Children ages five to nine have the highest bite incidence rate nationally, and the majority of pediatric dog bite injuries involve the face and head. A child who approaches a dog out of curiosity — behavior that is completely normal for a child — may not be found contributorily negligent even if an adult doing the same thing would be.
If your child has been bitten by a dog, these distinctions can determine whether you recover nothing or receive compensation for medical bills, surgeries, and the emotional trauma your child is experiencing. Contact me to discuss the specifics — every case is different, and the facts matter enormously. You can reach me here.
Dog bite cases aren't always just about the owner. Maryland law recognizes several other parties who may share liability depending on the circumstances.
Landlord Liability
Under § 3-1901(b), claims against non-owners — including landlords — are governed by the common law as it existed on April 1, 2012. The rebuttable presumption does not apply. Instead, a landlord liability claim requires proving three things: the landlord knew of the dog's presence and its dangerous propensities, the landlord had the ability to control the situation (typically through a lease provision such as a "no pets" clause), and the landlord failed to take reasonable steps to address the danger.
The leading case here is Matthews v. Amberwood Associates (1998), where the Court of Appeals held a landlord liable after a tenant's pit bull killed a 16-month-old child inside the tenant's apartment. The landlord had a "no pets" clause in the lease, knew about the dog, and failed to enforce the restriction. The court extended landlord liability beyond common areas to inside the leased premises — a significant expansion.
This matters in practice because many serious dog bite incidents happen at rental properties. If the landlord knew about the dog, especially if neighbors had complained or the dog had shown aggression before, there may be a viable claim against the landlord in addition to the owner — and the landlord's insurance may provide additional coverage.
Dog Sitters, Walkers, and Other Custodians
Anyone who has custody or control of a dog at the time of an attack may be liable under a negligence theory. If a dog sitter knows a dog is aggressive and fails to restrain it, or a dog walker loses control of a leash, they can be held responsible for resulting injuries.
Employers
When a dog bite occurs in a workplace context — a delivery driver bitten while making a stop, a postal worker attacked on a route — there may be a workers' compensation claim in addition to a personal injury claim against the dog's owner.
Dog bite injuries often require more medical treatment than people initially expect. A bite that looks manageable in the emergency room can lead to infections, require surgical debridement, need cosmetic reconstruction for scarring, or cause lasting nerve damage. The compensation available in a Maryland dog bite case reflects this reality.
Economic Damages
Economic damages cover the financial losses you can document: emergency room treatment, surgery, hospitalization, follow-up care, physical therapy, plastic surgery for scarring, prescription medications, counseling for emotional trauma, lost wages from missed work, and future medical expenses if ongoing treatment is needed. There is no cap on economic damages in Maryland, and thorough documentation of every expense is critical.
Non-Economic Damages and the Maryland Cap
Non-economic damages cover pain and suffering, emotional distress, disfigurement and scarring, loss of enjoyment of life, and similar harms that don't come with a receipt. Maryland caps non-economic damages under Md. Code, Cts. & Jud. Proc. § 11-108. For injuries occurring between October 1, 2025 and September 30, 2026, the cap is $965,000 for a single plaintiff. In wrongful death cases with two or more beneficiaries, the cap increases to $1,447,500.
The cap increases by $15,000 every year on October 1. The jury is not told about the cap. If they award more, the court reduces the amount after the verdict.
Punitive Damages
Punitive damages are available in Maryland dog bite cases but are rare. They require proof of "actual malice" — meaning the owner acted with evil motive, intent to injure, or such a reckless disregard for safety that the conduct amounts to a willful wrong. Punitive damages are not subject to the non-economic damages cap.
Most dog bite claims are paid through the dog owner's homeowner's or renter's insurance policy, specifically the personal liability coverage. Standard homeowner's policies typically provide between $100,000 and $300,000 in liability coverage, and this coverage applies even when the bite occurs away from the owner's home — at a park, on a sidewalk, at a friend's house.
There's an important wrinkle, though. Many insurance companies exclude certain breeds from coverage entirely. Pit bulls, Rottweilers, Dobermans, German Shepherds, Chow Chows, and Akitas are commonly excluded. If the owner's policy excludes the breed, there may be no insurance coverage available, and the claim becomes one against the owner personally — which can make recovery more difficult.
Maryland law (Ch. 406 of 2013) requires insurers with breed-specific exclusions to provide written notice to policyholders identifying the excluded breeds. But many homeowners don't read or fully understand their policies until after an incident occurs.
To put the financial scope in perspective: according to the Insurance Information Institute, dog-related injury claims in the United States totaled $1.57 billion in 2024, with an average claim value of $69,272. Dog bite liability claims account for roughly one-third of all homeowner's insurance liability payouts nationally.
If you or a family member has been bitten, the steps you take in the first hours and days have a significant impact on your ability to recover compensation later. Here's what I recommend to my clients.
Get Medical Attention Immediately
Even if the bite doesn't look severe, seek medical treatment right away. Dog bites carry a high risk of infection, and some injuries — particularly puncture wounds and bites to the hands or face — can cause damage that isn't immediately visible. The medical records created during this visit become foundational evidence in your claim.
Identify the Dog and Its Owner
Get the dog owner's name, address, and phone number. Ask whether the dog is current on rabies vaccinations. If there were witnesses, get their contact information as well. If the owner is a tenant, note the landlord or property management company.
Report the Bite
Report the incident to your local animal control agency and, if appropriate, the police. Maryland law requires healthcare providers to report dog bites to local health departments, but you should report independently as well. The animal control report creates an official record of the incident and may reveal prior complaints about the same dog.
Under Maryland law (Health-General § 18-320), the dog will be subject to a 10-day quarantine for rabies observation. If the dog is unvaccinated, a four-month quarantine may be required.
Document Everything
Photograph your injuries immediately and at regular intervals as they heal. Photograph the location where the attack occurred. Save all medical records, bills, and receipts. If you miss work, document your lost wages. Keep a journal noting your pain levels, emotional state, and how the injury affects your daily life.
The dog owner's insurance company will likely contact you quickly. They may seem sympathetic. But their goal is to settle your claim for as little as possible — and anything you say can be used to argue contributory negligence. Before you provide a recorded statement or accept any offer, talk to an attorney who handles personal injury cases in Maryland.
The Statute of Limitations: Don't Wait Too Long
Maryland's general statute of limitations for personal injury claims is three years from the date of injury under Md. Code, Cts. & Jud. Proc. § 5-101. If you don't file a lawsuit within three years, you lose your right to recover compensation — no exceptions for adults.
For minors, the clock is tolled. A child's three-year window does not begin until they turn 18, giving them until age 21 to file. But there is no good reason to wait. Evidence fades, witnesses become harder to locate, and animal control records may be harder to obtain. The sooner you contact an attorney, the stronger your case will be.
Separate from the civil liability statute, Maryland's criminal law provides additional consequences for owners of dangerous dogs under Md. Code, Criminal Law § 10-619. A dog can be classified as "dangerous" if it has killed or inflicted severe injury — defined as broken bones or disfiguring lacerations requiring multiple sutures or cosmetic surgery — on a person without provocation.
Owners of designated dangerous dogs must confine the dog indoors or in a securely enclosed pen when unattended, and must leash and muzzle the dog when off the property. Violations are a misdemeanor punishable by a fine of up to $2,500.
If the dog that bit you has been designated as dangerous, or if animal control receives your complaint and begins a dangerous dog investigation, that administrative record becomes powerful evidence in your civil case. It demonstrates the owner was on notice of the risk.
The numbers are staggering. Approximately 4.5 million dog bites occur in the United States every year. Nearly 400,000 of those result in emergency department visits, and roughly 10,000 require hospitalization. In 2024, 127 people died from dog attacks — the highest number ever recorded. Children under five and adults over 65 face the highest risk of fatal outcomes.
In Maryland specifically, the most recent comprehensive data from the Department of Legislative Services documented approximately 5,000 emergency room visits for dog bites per year, with over 200 hospitalizations annually.
These aren't just statistics. Behind every number is a person dealing with pain, medical bills, and often lasting psychological effects — particularly fear and anxiety around dogs that can persist for years, especially in children.
If you or your child has been injured in a dog attack in Maryland, I'd like to hear what happened. Every case turns on its specific facts — the circumstances of the attack, the severity of the injuries, whether the dog was at large, and whether contributory negligence is a realistic concern. These are questions I can help you answer.
At SG Legal Group, we offer free consultations for dog bite victims. There's no fee unless we recover compensation for you. If you're not sure whether you have a case, that's exactly what the consultation is for — and I'm always happy to talk it through.
You can also learn more about my background and how I approach premises liability cases on our website.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. Laws and regulations are subject to change, and individual circumstances vary. For advice specific to your situation, please consult with a qualified attorney.
Joshua C. Sussex, Esq.
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