Unlike smaller countries, the United States has no single set of laws when it comes to dog bites. Each state (and in some cases, each municipality within a state) has arrived at its own statutes to deal with a problem that is quite common.
As of 2018, dog bites were the 13th leading cause for nonfatal emergency room visits in the United States. Furthermore, from 2005- 2019, 521 Americans were actually killed by dogs. Read on for information on the dog bite laws in Maryland, Virginia, the District of Columbia, Delaware, and Pennsylvania.
Maryland Dog Bite Laws:
Maryland has a rebuttable presumption statute (Code of Maryland Courts and Judicial Proceedings section 3-1901) which states:
- The dog’s owner is responsible for the dog’s behavior.
- The owner is liable for death, injury, or loss of property IF the dog is running at large.
The owner is also responsible If the dog attacks while on its own property and:
- If the injured person was officially or unofficially (such as a delivery person) invited on the property.
- The owner does not need to know that the dog was necessarily dangerous in order to be held responsible.
The owner is NOT responsible if:
- The injured person was trespassing
- The injured person was breaking the law or attempting to break the law by committing a crime.
- The injured person provoked, teased, abused, or tormented the dog.
Victims can sue for negligence if they can show that the owner failed to control the dog.
Maryland has a contributory negligencerule which means that if the person who was attacked by the dog contributed in any way to what happened, they can’t recover any damages in a lawsuit.
Under Maryland’s statute of limitations, the injured person has three years from the date of the injury to file a lawsuit.
Virginia Dog Bite Laws:
Virginia follows the “one bite” law as outlined in statute UNDER WHAT SECTION???§ 3.2-6540
This means that the dog owner is liable for injuries or death only if he or she is aware that the dog either has bitten before or has shown aggressive behavior.
Victims can sue for negligence if they can show that the owner failed to control the dog.
The owner is NOT responsible if:
- The injured person was trespassing
- The injured person was breaking the law or attempting to break the law by committing a crime.
- The injured person provoked, teased, abused, or tormented the dog.
Virginia has a contributory negligence rule which means that if the person who was attacked by the dog contributed in any way to what happened, they can’t recover any damages in a lawsuit.
The statute of limitations in Virginia is two years from the date of the attack.
District of Columbia Dog Bite Laws
The District of Columbia’s does not have a specific dog bite statute, but strict liability WHERE IS THIS CODE????code § 8–1808 states that:
- Owners of attacking dogs may be sued for negligence if the dog is at large.
- Owners must supervise and remain in control of their dogs.
In order to prove negligence, victims must show:
- Duty: The owner had a legal duty to control the dog
- Breach: The owner failed to take reasonable care to control the dog
- Causation: The failure to exercise reasonable care resulted in the victim’s injury.
- Damages: The plaintiff (victim) was injured and incurred losses
If the dog is not at large at the time of attack, the victim has to prove:
- The dog previously bit a person or acted like it wanted to, and
- The defendant was aware of the dog’s previous conduct.
The owner is NOT responsible if:
- The injured person was trespassing
- The injured person was breaking the law or attempting to break the law by committing a crime.
- The injured person provoked, teased, abused, or tormented the dog.
The District of Columbia has a contributory negligence rule which means that if the person who was attacked by the dog contributed in any way to what happened, they can’t recover any damages in a lawsuit.
The statute of limitations in the District of Columbia is three years from the date of the attack.
Delaware Dog Bite Laws
Delaware’s code WHAT SECTION??? section 1711 places strict liability on dog owners.
It states that the dog owner is liable for all injury, death, or loss to person or property arising from a bite or attack of their dog.
Victims can also sue for negligence if they can show that the owner failed to control the dog.
Code § 913 states that the owner is NOT responsible if:
- The injured person was trespassing
- The injured person was breaking the law or attempting to break the law by committing a crime.
- The injured person provoked, teased, abused, or tormented the dog.
If a dog is considered to be dangerous by the state of Delaware, the owner must abide by certain rules:
- Maintain liability insurance of at least $100,000 to cover any damage or injury caused by the dog;
- Confine the dog when it’s on the owner’s property;
- Properly muzzle and restrain the dog when it’s off the owner’s property
- Display a sign warning that a dangerous dog is on the premises. The sign must be visible and legible from the roadway or 100 feet, whichever is less
- Spay or neuter the dog
- Immediately notify the local animal control agency when the dog is loose or unconfined, when it attacks a person or another domestic animal, when the owner moves, and when the dog dies.
Delaware has a comparative negligence rule, which means that as long as the plaintiff (victim) is 50% or less responsible for the attack, he or she may collect compensation, but any damages awarded shall be diminished in proportion to the amount of negligence attributed to the plaintiff.
The statute of limitations in Delaware is two years from the date of the attack.
Pennsylvania Dog Bite Laws
Pennsylvania’s IS THAT PROPER CITING -WHAT SECTION???? 3 P.S. § 459-502 law places strict liability on dog owners.
The owner is responsible for all medical costs to the victim.
If the victim wants compensation for missed work or other costs, he or she can sue for negligence and must prove:
- That the owner was aware of the dog’s aggressiveness or propensity to attack.
- That the owner failed to take reasonable steps to properly control the dog.
The owner is NOT responsible if:
- The injured person was trespassing
- The injured person was breaking the law or attempting to break the law by committing a crime.
- The injured person provoked, teased, abused, or tormented the dog.
Pennsylvania has a comparative negligence rule, which means that as long as the plaintiff (victim) is 50% or less responsible for the attack, he or she may collect compensation, but any damages awarded shall be diminished in proportion to the amount of negligence attributed to the plaintiff.
The statute of limitations in Pennsylvania is two years from the date of the attack.
As you can see, each state has a complex set of statutes and codes to deal with dog bites and attacks. The complicated and intricate legal process is difficult to understand.
As a victim, you may believe that just because you did nothing wrong, you will easily recover damages from the dog owner’s insurance company. Unfortunately, that is not the case.
You will need help from an expert Maryland dog bite attorney to protect your rights and get the compensation you deserve.