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§ 3-1901. Actions against dog owners for personal injury or death caused by dog

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: April 8, 2014

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 3. Courts of General Jurisdiction--Jurisdiction/Special Causes of Action (Refs & Annos)
Subtitle 19. Personal Injury or Death Caused by Dog (Refs & Annos)
Effective: April 8, 2014
MD Code, Courts and Judicial Proceedings, § 3-1901
§ 3-1901. Actions against dog owners for personal injury or death caused by dog
Currentness
In general
(a)(1) In an action against an owner of a dog for damages for personal injury or death caused by the dog, evidence that the dog caused the personal injury or death creates a rebuttable presumption that the owner knew or should have known that the dog had vicious or dangerous propensities.
(2) Notwithstanding any other law or rule, in a jury trial, the judge may not rule as a matter of law that the presumption has been rebutted before the jury returns a verdict.
Common law of liability that existed on April 1, 2012
(b) In an action against a person other than an owner of a dog for damages for personal injury or death caused by the dog, the common law of liability relating to attacks by dogs against humans that existed on April 1, 2012, is retained as to the person without regard to the breed or heritage of the dog.
Defenses
(c) The owner of a dog is liable for any injury, death, or loss to person or property that is caused by the dog, while the dog is running at large, unless the injury, death, or loss was caused to the body or property of a person who was:
(1) Committing or attempting to commit a trespass or other criminal offense on the property of the owner;
(2) Committing or attempting to commit a criminal offense against any person; or
(3) Teasing, tormenting, abusing, or provoking the dog.
Construction with common law
(d) This section does not affect:
(1) Any other common law or statutory cause of action; or
(2) Any other common law or statutory defense or immunity.

Credits

Added by Acts 2014, c. 48, § 1, eff. April 8, 2014; Acts 2014, c. 49, § 1, eff. April 8, 2014.
MD Code, Courts and Judicial Proceedings, § 3-1901, MD CTS & JUD PRO § 3-1901
Current through legislation effective through July 1, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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