Across the DMV, an owner’s liability varies significantly from state to state for injuries caused by his or her dog. Maryland has a form of “strict liability” for injuries caused by dogs. This means that it is easier for victims of dog-caused injuries to recover for their injuries against the dog’s owner.
1. Am I financially responsible if my dog injures someone?
Yes, you are probably financially responsible, especially if your dog was off-leash. There are rare exceptions, but usually a dog’s owner is financially responsible if their dog injures someone else.
2. Who is responsible if I am injured by someone else’s dog?
The dog’s owner is likely responsible for you. Hopefully, the dog’s owner has insurance or the ability to pay for your injuries.
3. Does the owner’s insurance cover my injuries?
Maybe. The initial question is whether the owner has any liability insurance to begin with. If the owner does have liability insurance, is the breed of dog that caused the injury excluded from coverage under the insurance policy? Some dog breeds with a high likelihood of causing injury are excluded from liability insurance.
4. Are certain breeds of dogs uninsurable?
There are no dog breeds that are “uninsurable,” meaning there is no insurance policy that will cover them. However, some breeds are more likely to be excluded from coverage than others. If you own a dog, you should make sure that any homeowner’s or renter’s insurance policy you have does not exclude coverage for your breed of dog. If it does, you should consider shopping for a new policy with a company that is willing to cover your dog.
What more specific information should I know?
Maryland law states that a dog’s owner is liable for any injury caused by a dog that is running at large (off the leash). The only exceptions to this rule are if the injured person:
- Was committing a crime on the owner’s property OR
- Was attempting to commit a crime against a person OR
- Intentionally teasing, tormenting, abusing, or provoking the dog.
In a situation where a dog is on a leash and causes an injury, the owner is presumed to be liable, unless the owner can prove that he or she had no knowledge that the dog had vicious or dangerous propensities (predisposed behavior).
Dog injuries aren’t limited to bites. Dogs can cause injuries by causing falls.
Separate and apart from the owner’s liability insurance, an injured party’s health insurance may cover medical bills incurred as a result of the injury. Liability insurance owned by the owner might include other types of permanent injuries (scarring, disfigurement) or other monetary losses (lost time from work).
Unfortunately, the most vicious dogs tend to be owned by irresponsible owners who lack homeowners or renters insurance. However, even if the owner does not have liability insurance, all is not necessarily lost. If the injury occurred on someone else’s property, another insurance policy may occasionally provide coverage, such as a homeowner’s or landlord’s policy. A skilled personal injury attorney, like the personal injury attorneys at Bulman Dunie, can help injured parties try to find insurance coverage.
Even where there is an insurance policy, Maryland law permits insurers to exclude certain breeds from coverage. The most common breeds excluded from coverage are mixed breeds. Insurers are required to provide notice that a breed of dog is excluded from coverage when a policy is first issued or when a policy renews. This notice is often buried deep in an insurance policy. If you own a home and have a dog, check your insurance policy, including the most recent renewal notice, to make sure you are covered in the event your dog causes injury.
Have you been injured by the negligence of another (or by someone else’s pet)? Contact Phil Kuljurgis at (301) 656-1177 x330 or pkuljurgis@bulmandunie.com
