Maryland Dog Bite Settlements

This page is about Maryland dog bite lawsuits. Our lawyers have settled and won at trial millions of dollars for dog bite victims. Here, we talk about

1. dog bite injuries,
2. the best path to get compensation and
3. typical settlement amounts and jury payouts in cases where victims have suffered injuries due to dog bites

If you are attacked and bitten by a dog in Maryland, you can – at least in most cases – file a personal injury lawsuit against the owner and get financial compensation. In many cases, the dog owner’s homeowner’s insurance will cover the damages and pay any dog bite settlement.

If you or your child have been injured from a dog bite, our law firm can help you. Call our attorneys at 800-553-8082 or get a free online consultation.

Dog Bites Cause Serious Injuries

Dog bites can cause severe and sometimes permanent physical injuries. Injuries from dog attacks are usually a direct result of penetrating trauma of sharp teeth in combination with the crush delivered to any structures in the vicinity of the bite. A large dog can easily crush bones, tear skin, and cause disfiguring scarring.

It is not just the postman getting bit in 2024. According to the CDC, an astounding 5 million people are bitten by dogs each year. Over 1,100 people go to the emergency room daily for dog bite injuries. As a country, we spend $1.1 billion a year in medical costs from animal attacks. More Americans die in animal attacks than by terrorism (but neither is particularly likely).

Sadly, a large percentage of dog bite victims are children. Dog bites are ranked 5th on the list of reasons children end up in the emergency room, and far too often, the bites are on the child’s face. Children who have facial scarring from dog bites are more likely to be the victims of teasing, bullying, social isolation, depression, and eating disorders.

Settlement Amounts of Dog Bite Lawsuits

Dog bite cases often have high settlement values because there is usually insurance to cover the loss, and the injuries are often severe. Our lawyers see a lot of dog bite cases where the victim suffers penetrating and crushing injuries that extend down to the bones, severing vessels and arteries and tearing away flesh and muscle. The result is often swelling, ecchymosis, devitalized tissue from the dog’s teeth and tears, avulsions, and lacerations from the strength of the bite.

Dog bites are categorized by severity, and insurance adjusters use these levels to calculate dog bite settlement compensation. Here is a breakdown of the different levels of dog bites and how they relate to Maryland’s dog bite laws and potential legal actions:

Level 1 and Level 2 Dog Bites

• Level 1: The dog behaves aggressively but does not make skin contact with its teeth. This level typically does not lead to a dog bite lawsuit because any minor dog bite settlement amount you would get would not make the cost of bringing a claim worth it, at least in most cases.
• Level 2: The dog’s teeth make contact with the skin but do not break the skin. Settlement payouts for Level 2 bites are also less common, but you may see claims if there is significant psychological impact or minor physical injuries. Our Maryland dog bite lawyers would not handle this claim (but might refer it to another attorney with your permission).

Level 3 and Level 4 Dog Bites

• Level 3: The bite breaks the skin, but the wounds are not deep. Legal action may be more common here, with victims possibly seeking compensation for medical expenses and pain and suffering.
• Level 4: The dog bites deeply, often with puncturing and bruising. At this level, the average dog bite settlement amounts can increase significantly, reflecting the severity of injuries and potential long-term effects.

Level 5 and Level 6 Dog Bites

• Level 5: Multiple bites with at least two Level 4 bites. These incidents often result in substantial settlements or judgments, given the severity and potential for permanent damage or disability.
• Level 6: The dog has been killed, or the injuries are so severe that they lead to death.

Our take is that the typical settlement for a dog bite case averages around $100,000 in Maryland, with amounts ranging from $15,000 to over $1 million depending on the bite’s severity and the case’s other circumstances. That calculation is based on our own experience and looking at various average estimates. If you look at reported verdicts, you will get a different number. But very few strong dog bite lawsuits go to trial. Those claims settle out-of-court. It is the weaker cases that defense lawyers are willing to let go to trial.

Maryland Dog Bite Laws

Under Maryland law, a dog owner may be liable for injuries to the plaintiff if the defendant created an unreasonable risk of harm under circumstances where it was foreseeable that an injury could occur.

We Are Not a One Bite State

There is a myth that will not go away that Maryland is a one-bite state. This means that if the dog has never bitten anyone, there is no liability for the dog owner. People often make up what they think is Maryland dog bite laws. It causes confusion. Maryland is not a “one bite” state where a dog must have previously bitten someone to bring a claim.

Adding to the confusion, Maryland dog bite law has changed over the years. For a time, Maryland law allowed strict liability for some breeds of dogs because they are known to be aggressive (because of myths about dog breeds and propensities). But this has now been expanded to all breeds.

Two Theories of Liability

In Maryland, dog bite lawyers can pursue cases based on two primary theories of liability: negligence and strict liability.

Negligence involves demonstrating that the dog owner failed to exercise reasonable care in preventing the dog from causing harm. This can include failing to restrain the dog properly, neglecting to train the dog, or ignoring signs that the dog may be dangerous. Under this theory, the plaintiff must prove that the owner’s lack of reasonable care directly resulted in the injury.

Strict liability, on the other hand, does not require proving that the owner was negligent. Instead, it focuses on whether the owner knew or should have known about the dog’s dangerous propensities. In Maryland, strict liability can apply if it can be shown that the owner was aware of the dog’s potential to cause harm, regardless of whether the owner acted negligently.

As our attorneys explain above, Maryland law has expanded strict liability. Previously, a strict standard of liability was explicitly applied to pit bulls. Now, this stringent standard extends to all dog breeds. This change means that owners of any dog breed can be held strictly liable if their dog causes harm, provided it can be established that the owner knew of the dog’s dangerous tendencies. This expansion aims to enhance public safety and ensure that all dog owners are equally accountable for the actions of their pets.

Dog Bite Pattern Jury Instruction

Often, the best way to truly understand our dog bite laws is to look at the law that a jury would be told to follow in a dog bite lawsuit in Maryland. This is Model Pattern Jury Instruction 4:2 titled “Liability of Owner”:

An owner of an animal will be liable for damage proximately caused by the animal if the owner exercised ineffective control of the animal in a situation where it would reasonably be expected that injury could occur. The past behavior of the animal and the foreseeability of the injuries should be considered in determining the necessary degree of control.

So, a negligence claim against the dog’s owners is premised on the fact that the owner knew or had reason to know of the animal’s vicious propensity or that the owner acted negligently in controlling his animal (including violating leash laws).

• Sample dog bite complaint
• Sample dog bite interrogatories to a dog owner
• Plaintiff’s answers to interrogatories in a dog bite case
• Plaintiff’s requests for admission in a dog bite case

Insurance Company Defenses in Dog Bite Lawsuits

In Maryland, insurance company defenses in dog bite lawsuits often involve several strategies to minimize liability and avoid payouts. One common misconception among insurance defense lawyers is the belief that a dog must have previously bitten someone to establish liability. While this defense is frequently used, it is based on a misinterpretation of Maryland law. It is merely one factor to be considered and not a requirement for establishing liability.

Insurance companies and their lawyers also commonly assert other defenses to avoid liability:

1. Provocation Defense: They may argue that the victim provoked the dog. Admittedly, this is an excellent defense if proven true. Provocation can include actions that cause the dog to react aggressively, such as teasing, hitting, or threatening the dog. However, whether provocation occurred can be highly subjective and context-dependent, and a skilled dog bite lawyer can often challenge this defense effectively.
2. Trespassing Defense: Another defense is that the victim was trespassing at the time of the incident. If the victim was unlawfully on the property, this can significantly raise the bar for the claim. Property owners generally owe less duty of care to trespassers, and proving that the victim was not lawfully present can be a substantial hurdle for the plaintiff.
3. Victim’s Negligence or Assumption of Risk: Insurance companies may argue that the victim was negligent or assumed the risk of being bitten. For example, if the victim ignored warning signs or previous knowledge of the dog’s aggressive behavior, the defense may claim that the victim knowingly put themselves at risk. Establishing contributory negligence or assumption of risk can potentially reduce or eliminate liability.

While these defenses can complicate dog bite lawsuits, they are not insurmountable. Experienced Maryland dog bite lawyers can often dismantle these arguments by pulling the facts together to show what happened accurately.   This might involve proving that the dog had a history of aggression, demonstrating that the victim did not provoke the dog, or showing that the victim was lawfully present and exercised reasonable care.

Ultimately, everyone has a job in litigation. Insurance adjusters have the job of minimizing payouts, so you have to fight. Negotiating a fair settlement is a difficult and protracted process, often requiring persistence, thorough preparation, and strategic litigation by the plaintiff’s attorney.

Landlord Liability and Rental Properties

In Maryland, landlords can sometimes be held liable for dog bite injuries that occur on their rental properties.  You often need this to get compensation if the tenant does not have renters’ insurance. To prove landlord liability in a dog bite lawsuit, the plaintiff must demonstrate three key elements: the landlord’s awareness of the dog’s dangerous tendencies, the landlord’s control over the dog’s presence on the property, and a failure to take reasonable steps to prevent harm. This means the landlord must have known, or should have known, that the dog posed a danger and had the authority or ability to restrict the dog’s presence on the premises.

A landmark case in Maryland (Shields v. Wagman) helps clarify the circumstances under which a landlord may be held responsible for injuries caused by a tenant’s dog. In this case, the Maryland Supreme Court outlined that landlords are not automatically liable simply because a dog is present on their property. Instead, liability arises if the landlord knows the dog is dangerous and fails to act to mitigate the risk, such as by enforcing lease provisions or requiring the dog to be removed. This decision underscores the importance of proving that the landlord had both knowledge of the risk and the ability to intervene effectively.

While landlord liability is less common than direct liability for dog owners, Maryland courts recognize that landlords play a role in maintaining a safe environment for tenants and visitors. As a result, plaintiffs in dog bite lawsuits in Maryland often focus on uncovering evidence, such as prior complaints or incidents, to demonstrate that the landlord was aware of the potential danger and negligently failed to address it.

How to Calculate Dog Bite Settlement Amounts and Jury Payouts in Baltimore

Maryland dog bite cases present unique challenges when determining settlements and jury payouts. Valuing any personal injury claim is not easy, and dog bite lawsuits are harder than most personal injury cases to calculate settlement amounts. These cases often involve intricate assessments and negotiations conducted by insurance adjusters, lawyers, and, in some instances, juries.

Insurance Adjusters

Insurance adjusters are at the forefront of the settlement process. Their role begins with thoroughly evaluating the claim, delving into the details of the incident, the dog’s history, and the severity of the victim’s injuries. Much of their assessment revolves around the victim’s medical expenses, encompassing everything from immediate emergency care to potential long-term treatment costs. Moreover, adjusters consider lost wages and any impact on the victim’s future earning capacity.

They tend to focus on economic costs and overlook non-economic damages like pain and suffering. This is not to say that insurance adjusters do not compensate for pain and suffering, but they do so in an unsophisticated way that skews against victims.

Lawyers

Lawyers defending dog bite lawsuits do not have the same luxury as insurance adjusters. They have to try the case in front of a jury. So, they cannot be as challenging as an insurance adjuster can be as an armchair quarterback.

To calculate what they think the settlement amount should be, defense attorneys gather comprehensive evidence, including medical records, eyewitness accounts, and expert opinions, to build a robust case. Plaintiff’s lawyers like us are active negotiations with insurance adjusters, striving to secure a (more than) fair settlement payout for their our clients. They leverage their legal expertise and precedents from similar cases to justify the compensation demanded.

Juries

When settlement negotiations fail, we have a trial. This is the minority of dog bite lawyers our law firm handles. But the case may escalate to a trial when the insurance company cannot be brought around to our dog bite lawyers’ thinking.

Juries are tasked with evaluating all presented evidence, which includes scrutinizing the nature of the injury and the circumstances under which the attack occurred. The starting point, of course, is determining the liability of the dog owner or other defendant.

Should the jury find in favor of the plaintiff, they will then embark on the complex process of determining the appropriate amount of damages. This includes reimbursement for medical expenses and lost wages as well as compensation for pain and suffering.

Good Cases Equal High Settlement Value

Dog bite cases in the Baltimore-Washington area often have high settlement values because there is usually insurance to cover the loss, and the injuries are often severe. Our lawyers see a lot of dog bite lawsuits where the victim suffers penetrating and crushing injuries that extend down to the bones, severing vessels and arteries and tearing away flesh and muscle.

The result is often swelling, ecchymosis, devitalized tissue from the dog’s teeth and tears, avulsions, and lacerations from the strength of the bite. These types of dog bite lawsuits result in higher settlement compensation payouts.

• Dog bite lawsuit statistics

Sample Dog Bite Settlements and Verdicts

Another way to better understand the settlement value of dog bite cases in Maryland is to look at sample settlements and verdicts. You can’t calculate an average payout by examining sample verdicts and settlements. But dog bite settlement and verdict examples give you a better idea of the range of settlement compensation values by looking at some fairly typical dog bite lawsuits.

• 2024, Prince George’s: $30,000 Verdict. The plaintiff alleged that she was standing in her own backyard when the defendant’s dog entered the yard and attacked her without provocation. The plaintiff suffered unspecified injuries to her leg and ankle and sued the defendants for negligence.
• 2024, Baltimore: $60,832 Verdict. A 31-year-old marketing canvasser for Verizon was bitten by a Bernese Mountain Dog while visiting a homeowner’s residence in Severn Park. The eighty-pound dog attacked her on the porch, resulting in injuries to her thigh, arm, and buttocks, necessitating emergency and plastic surgery treatments. The canvasser sued the homeowners – both orthopedic surgeons – for negligence in failing to control the dog. The jury awarded $2,401 for medical expenses, $12,031 for future medical care, and $46,400 for pain and suffering. The verdict has already been paid. Our dog bite lawyers would be very unlikely to put the medical bills into evidence in a case like this where they are so small. Why? The jury tends to use the medical bills as an anchor for the payout they award, and low medical bills can make a dog bite case seem less significant.
• 2022, Baltimore: $133,322 Verdict. The plaintiff lived next to the defendants in adjoining row homes in Baltimore City, separated by a narrow alleyway and a rear concrete pad accessible through gates. The defendants owned a large German Shepherd, which they frequently allowed to roam in the alleyway. As the plaintiff was heading to her car parked on the concrete pad, the defendant’s dog, unleashed in the alleyway, bit her on the leg. This incident resulted in several puncture wounds requiring medical treatment.
• 2019, Baltimore: $759,560 Bench Verdict. A nursing home owner’s pit bull bit a resident and employee. The resident suffered facial lacerations and arm and torso wounds. She underwent three surgeries. The resident sustained permanent scars, recurring pain and numbness, and mobility limitations. The employee suffered unspecified injuries. The cases were consolidated. Their lawsuits alleged that the facility owner’s failure to control her dog caused their injuries. The resident received $717,851 following a bench trial, while the employee received $41,709.
• 2019, P.G. County: $45,000 Verdict. A Rottweiler bit a woman in her thigh and lower leg. She hired a dog bite attorney and filed a lawsuit alleging the owner knew of the dog’s aggressive tendencies yet still failed to keep the dog on a leash. The jury awarded $25,000 in medical bills but only $20,000 in pain and suffering for a total payout of $45,000.
• 2017, Greenbelt: $545,000 Verdict. A 7-year-old girl is bitten by a pit bull owned by her parent’s landlord. She has five surgeries, permanent scars on her legs, and, not surprisingly, post-traumatic stress from the attack. She is awarded $270,000 for her pain and suffering and $275,000 for her past and future medical expenses. (A pretty light award given the scope of the child’s injuries.)
• 2012, Baltimore: $27,619 Verdict. A minor female is playing in her front yard when a neighbor’s pit bull mauls her. The dog had escaped from a nearby house and caused permanent dog bite injuries to the young girl’s face, arm, and leg. The plaintiff claims that the defendant failed to control her animal and keep it on her own property. The defendant denied liability so the family hired a dog bite injury attorney who brought a lawsuit. The incident occurred after the Court of Appeals’ decision in Tracey v. Solesky declared pit bulls inherently dangerous, holding their owners strictly liable for any injuries caused. This case is considered the first to proceed to trial from that period. The Baltimore City jury awarded only a $27,619 payout.

 

• 2011, Upper Marlboro: $70,000 Verdict. A plaintiff is on a walk with his dog. The defendant’s dog escaped from a fenced yard and began making threatening motions towards the plaintiff. After a brief scuffle between the animals, the dog bites the plaintiff’s hand. He goes to Prince George’s Hospital, where he requires surgery. He hires a Maryland dog bite lawyer who files a lawsuit, alleging negligence and strict liability – the defendant knew or should have known about his dog’s violent propensities and failed to keep it in his yard. The defendant denies liability and argues that the victim’s dog was responsible for the bite. The Prince George’s County jury awarded $70,000 to the plaintiff.
• 2011, Upper Marlboro: $110,000 Verdict. A mailman is on the job and delivering a parcel to the defendant’s home when a pit bull terrier breaks through the front door and attacks him. The dog mauls the mailman for over ten minutes and inflicts carpal tunnel syndrome, nerve, and tendon damage, as well as PTSD. Additionally, the mailman has scarring and lost income and future earning capability. The mailman sues the dog’s owners and the apartment renters, claiming they did not properly restrain their animal. The renting company is granted a motion for summary judgment because the owners misrepresented their pets as boxers. The judge declares the owners to be in default and awards the victim $110,000 in damages.

Suing the Landlord in a Dog Bite Lawsuit in Maryland

Can you sue the landlord in a dog bite claim in Maryland? You can. But three key elements must be proven to establish the landlord’s liability:

1. Dangerous Propensities of the Dog: The plaintiff must demonstrate that the dog had shown viciousness or aggressive behavior before the incident. This involves proving that the dog was inclined to act similarly to the conduct causing the injury.
2. Landlord’s Notice of the Danger: The plaintiff must prove that the landlord had actual or constructive knowledge of the dog’s dangerous tendencies. This means showing that the landlord knew or should have known about the dog’s presence and its propensity to be dangerous.
3. Landlord’s Control Over the Situation: It must be shown that the landlord had some degree of control over the presence and maintenance of the dog on the property. This can involve lease agreements stipulating pet ownership rules or the landlord’s ability to enforce such rules.

FAQs – DOG BITE LIABILITY

Do You Need an Expert Witness in a Dog Bite Case?

In some cases, dog bite attorneys need an expert witness to testify about the dog’s behavior. These are some of the dog bite expert witnesses who have testified in other dog bite lawsuits:

• Ron Berman (dog behavior)
• Richard Polsky (dog behavior and nature of dog bites)
• Cheryl Carlson (dog behavior)
• John Ciribassi (veterinarian/dog behavior)
• Stephen Spector (trauma of a dog bite)

How to Sue Someo

Maryland Dog Bite Court Opinions

Below are some key Maryland appellate opinions that form Maryland dog bite law.

• Wagner v. Cyga (2024 unreported): A man was bitten by a dog on leased property in Baltimore City. He filed a dog bite lawsuit against the property owner, claiming negligence, premises liability, and strict liability. The plaintiff argued that the property owner, as well as the landlord of the dog’s owner, should be held liable for the injuries sustained. Initially, the court granted summary judgment in favor of the property owner’s estate, determining there was no need for a trial because the plaintiff failed to demonstrate that the property owner had knowledge of the dog’s dangerous tendencies or had control over the dog. The appellate court agreed with the trial judge, finding that the plaintiff did not provide sufficient admissible evidence to establish that the dog was known to be dangerous, that the property owner was aware of these dangerous tendencies, or that the property owner had any control over the dog’s presence on the property.
• Blitzer v. Breski, (2023). The case involved a plaintiff bitten by a dog while the animal was “running at large” under §3-1901 of the Maryland Code. This law imposes strict liability on dog owners for injuries caused by their dogs in such circumstances, barring exceptions like trespassing or provoking the dog. The incident occurred when the plaintiff was exiting her home and was bitten by an unleashed dog in an alleyway, leading to severe injuries and lasting physical and psychological effects. The appellate court’s decision hinged on the interpretation of “running at large.” The court found that the dog was indeed running at large during the incident, thus justifying the jury’s award.
• Latz v. Parr (2017). In this unreported opinion, the court faced the issue of who really owns a dog. The case revolved around a two-and-a-half-year-old dog adopted by a couple, where the dog often stayed with one partner in New Jersey. The dog entered a nearby resident’s home, causing injuries. The trial court dismissed the claim on the second day of the trial. On appeal, the court grappled with defining “owner” under Maryland’s dog bite law, which lacked clarity in its language regarding “owners,” “harborers,” or “keepers.” The appellate court concluded, correctly the opinion of our dog bite lawyers,  that the definition of “owner” could extend to individuals who keep or harbor dogs. So it is a jury question.
• Moore v. Myers, 161 Md. App. 349 (2005). A 12-year-old was hit by a car fleeing a dog that was unleashed, in violation of Prince George’s County Code cited below. The court reversed a summary judgment finding for the defendant, finding that animal control laws are designed to protect the public from a wide range of risks of roaming animals.
• Shields v. Wagman, 714 A.2d 881 (1998). Can you sue your landlord in a dog bite case? This Prince George’s County dog bite case lays out the four factors the victim must prove to bring a lawsuit in Maryland against the landlord: (1) that the defendant was under a duty to protect the plaintiff from injury; (2) that the defendant breached the duty; (3) that the plaintiff suffered actual injury or loss; and (4) that the loss or injury proximately resulted from the defendant’s breach of the duty.
• Slack v. Villari, 476 A. 2d 227 (1984). Another Prince George’s County lawsuit in which a Clinton woman was injured when a dog jumped at her as she walked by the dog owners’ house. The court found that no leash laws were broken, and the owner was not strictly liable because the dog had no propensity to jump up at people who walked past their house.
• Moura v. Randall (1998): This landmark decision by the Maryland Supreme Court in this Montgomery County case established that dog owners may be found negligent and thus liable if they don’t take adequate measures to prevent their dogs from biting individuals. This responsibility encompasses ensuring dogs are restrained by a leash or confined within a fenced area and appropriately trained.

These are some relevant Maryland dog bite statutes and codes:

• Maryland Cts & Jud Pro Code § 3-1901.2: New law overturning the Maryland Court of Appeals’ holding in Tracey. This law created a greater liability for owners than existed after the Tracey decision or even at common law.
• Prince George’s County Code § 3-135(c) provides that an “owner” of an animal running at large is strictly liable for any damages caused by the animal. [The P.G. County Code’s definition of “owner” includes any person who “keeps or harbors an animal.” Prince George’s County Code § 3-101(a)(57).)]
• Montgomery County Code, Sec. 5-203(a)(7): leash law for Montgomery County

Call a Maryland Dog Bite Lawyer

Our firm handles severe injury cases involving dog bites throughout Maryland. We know Maryland law, and we fight for victims with every ounce of strength that we have. In this day and age, you would be wise to avoid looking for a “dog bite lawyer near me” and instead focus on finding the best attorney who can maximize the compensation payout for your claim. Our office is in Baltimore. If you live far away, you will unlikely ever need to come into our law offices. So pick the best dog bite lawyer in Maryland you can find, not one in your backyard.

If you or your child have been injured from a dog bite in Maryland, call our personal injury lawyers at 800-553-8082 or get a free online consultation.

More Dog Bite Lawsuit Resources

• Many dog bite cases are premises liability claims. Learn more about this area of the law.
• Learn more about “the dog chased me and caused an accident” type cases
  • Deposition of a dog owner whose dog chased our client, causing a motorcycle crash and serious physical injuries (see the police report)