Settlement Value of Dog Bite Lawsuits Dog bite cases much have high colony values because there is normally insurance to cover the loss and the injuries are much hard. 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 pulp and muscle. The result is often well, ecchymosis, and devitalized tissue from the chase ‘s teeth and tears, avulsions, and lacerations from the force of the bite .Maryland Dog Bite Laws Under Maryland law, a dog owner may be liable for injuries to the plaintiff if the defendant created an excessive risk of injury under circumstances where it was foreseeable that an injury could occur. There is a myth that will no go away that Maryland is a one-bite state. This means that if the frump has never bitten anyone earlier, there is no liability for the dog owner. People often make up what they think Maryland dog sting laws are and it causes confusion. Maryland is not a “one bite” state where a andiron must have previously bitten person to bring a call. Adding to the confusion, Maryland dog pungency law has changed over the years. For a time, it was Maryland police allowed for nonindulgent liability for some breeds of dogs because they are known to be sol aggressive ( because of myths about andiron breeds and propensities ). But this now has been expanded to all breeds. so chase sting lawyers in Maryland have two understudy theories of indebtedness – negligence or rigid indebtedness. Strict indebtedness can apply from the owner ‘s cognition of the animal ‘s propensities to cause damage. The new ( now seven-year-old ) Maryland law actually expands liability because it provides that lapp ruffianly standard imposed on pit bulls to all dogs. often, the best means to truly understand the our pawl sting laws is to look at the law that a jury would be told to follow in a cad morsel 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 sanely be expected that injury could occur. In determining the necessary degree of restraint, the past behavior of the animal and the foreseeability of the injuries should be considered .
thus a negligence claim against the frank ‘s owners is premised on the fact that the owner knew or had reason to know of the animal ‘s evil leaning or where the owner has acted negligently in controlling his animal ( including, misdemeanor of three laws ) .Common Insurance Company Defenses in Dog Bite Lawsuits Lawyers sometimes besides misunderstand Maryland law. many policy defense lawyers handling frump bite cases in Maryland are incorrectly convinced that a chase must have bitten person before to create liability. This is a common defense. But it is merely one factor to be considered. other defenses are that the victim provoked the dog ( which sometimes happens and it is a good defense if true ), was a intruder ( which raises the bar on the claim ) or that the victim was otherwise negligent or assumed the risk that the dog might bite. These defenses can typically be defeated with thoroughly lawyering. But with indemnity companies, it is about constantly a struggle to get to a fair settlement without a trial .Maryland Dog Bite Settlements and Verdicts Dog pungency cases in the Baltimore-Washington area often have high settlement values because there is normally policy to cover the loss and the injuries are often severe. Our lawyers see a distribute of frank sting 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 resultant role is often bulge, ecchymosis, and devitalized weave from the frank ‘s teeth and tears, avulsions, and lacerations from the strength of the bite. These are the type of pawl bite lawsuits that result in higher settlement recompense payouts .Sample Dog Bite Settlements and Verdicts Another room to get a better tactile property for the settlement value of dog morsel cases in Maryland is to look at sample settlements and verdicts. You ca n’t calculate an average payout looking at sample verdicts and settlements. But they do give you a better idea of the range of settlement compensation values by looking at some fairly typical cad bite settlements and verdicts. You can expect more dog bite lawsuit to be filed in Maryland over the adjacent year as the number of pawl bites has soared during COVID .
- 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. Following a bench trial, the resident received $717,851, while the employee received $41,709.
- 2019, P.G. County: $45,000 Verdict. A woman was bit by a Rottweiler in her thigh and lower leg. She hired a lawyer 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 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 $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 she is mauled by a neighbor’s pit bull. The dog had escaped from a nearby house and caused permanent dog bite injuries to the young girl’s face, arm, and leg. Plaintiff claims that the defendant failed to control her animal and keep it on her own property. Defendant denied liability. The Baltimore City jury that heard that case did not but it and awarded a $27,619 verdict.
- 2011, Upper Marlboro: $70,000 Verdict. A plaintiff is on a walk with his dog. The defendant’s dog escapes 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 own yard. 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.
FAQs – DOG BITE LIABILITYHow Much Is My Dog Bite Case Worth in a Settlement or at Trial? The medial frump bite verdict in Maryland is $ 24,600. There are no median settlement statistics published. Our law firm ‘s average frump sting colonization in Maryland is about $ 175,000. Of course, that tells you nothing about the settlement compensation you can expect in your case but it gives you some theme of the ranges of pawl bite payouts. besides keep in mind some pawl bite cases involving good, permanent injuries can have a much higher value than this calculate average settlement. besides, remember our police firm entirely handles larger andiron pungency cases which might inflate our average case value .Who Pays a Settlement if I Sue a Dog Owner for my Injuries? The cad owner ’ s indemnity normally pays for any settlement. Homeowner ‘s policies and some renter ‘s policy policies will cover rigid indebtedness and negligence in dog sting cases in Maryland. This holds true tied if the dog is not on the homeowner ‘s place. Homeowner ‘s insurance policies are must more expansive than insureds and victims believe. You would be amazed at how broad these policies are when it comes to dog bite cases.
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What if the Dog Owner Has No Insurance? If the dog owner does not have any indemnity, the claim is far more baffling. Most people who have assets that could pay a judgment have homeowners ‘ or renters ‘ policy. many thoroughly pawl bite lawsuits in Maryland never see the light of day because there is no indemnity coverage and the defendant does not have the money to pay for the damage that was caused .What If I Was Petting or Playing with the Dog When He Bit Me? It depends on the facts. If you provoked the andiron in a way that a fair person would not, you have both conducive negligence and presumption of the risk problems that will likely be black to your claim. But in many and, arguably, most cases, it is fair to believe that if the pet ‘s owner lets you play with or pet the frank, you have a reasonable expectation the dog will not bite you .How Long Do I Have to Bring a Dog Bite Lawsuit in Maryland? generally, the answer is three years. This is national to sealed exceptions. You want to contact a lawyer on this offspring sooner rather than former just so you are authorize on your deadline to file. Because that deadline is firm and after it passes you have no far rights no count how feasible your claim may be .What Is the Maryland Law on Dog Bite Liability? In April 2014, the Maryland legislature passed a “ breed achromatic ” law that effectively eliminates the alleged “ one-bite ” rule. ( actually, we never truly had a one-bite rule law but it was close enough that many lawyers referred to it as such. ) The rule creates an assumption that dog owners know their dogs can bite. But this carefully balanced new police besides allows the owner to neutralize that legal presumption if they can show a fair owner would not believe that the andiron was at risk to cause harm. This legislation — Maryland Cts & Jud Pro Code § 3-1901.2 — effectively nixes the much-maligned rule of the Maryland Court Appeals in Tracey v. Solesky ( 2012 ) which found that pit bulls are inherently dangerous and that stern liability should be imposed on both the owners of pits bulls and landlords .What If the Dog’s Owner is a Friend or Family Member? We have handled cases where children sued their parents, friends suing friends, siblings suing siblings. obviously, if there is no insurance, you have to consider whether bringing a claim is going to sabotage critical relationships in your life. But our law firm is about constantly bringing claims where the defendant has insurance. In these cases, while person you care for may be the “ defendant ”, what very matters is who is paying the colonization and that is the insurance company. We had a son suing the parents case once where I late learned that the parents did a truly full job of pushing the policy company to settle. so while it sounds a little strange suing person you care about, it normally works out without anyone ‘s feelings being hurt .What Will Happen to the Dog if I Bring a Claim? different counties in Maryland have different rules for dealing with dogs who cause serious injury or kill. But the civil lawsuit against the frump owner has absolutely nothing to do with how the authorities treat the dog .How Much Can You Sue for a Dog Bite? When you are suing person for a chase sting in Maryland, you do not specify an come if you are suing for more than $ 30,000 ( or in some cases, $ 75,000 for reasons not worth getting into that relate to federal jurisdiction ). So you are asking for whatever compensation the court or jury deems appropriate ( national to Maryland ‘s damages cap that would be applied to a frump bite lawsuit ) .What Should I Do Before I Talk to a Dog Bite Lawyer? adenine soon as possible, even before you call a lawyer, take pictures of your injuries and make sure you do n’t talk to the insurance company about your injuries or details about the frump pungency itself .Do You Need an Expert Witness in a Dog Bite Case? In some cases, frump bite attorneys need an adept witness to testify about the behavior of the dog. These are some of the pawl bite adept witnesses who have testified in other chase bite lawsuits : Call Us Maryland Dog Bite Lawyer
Our fast handles serious wound pawl bite injury cases. We know Maryland law and we fight for victims with every ounce of strength that we have. If you or your child have been injured from a frump bite in Maryland, call our personal wound lawyers at 800-553-8082 or get a free on-line consultation .Maryland Dog Bite Law Below are some of the key Maryland appellate opinions that form Maryland dog morsel law .
- Moore v. Myers, 161 Md. App. 349 (2005). A 12-year-old 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.
These are some relevant Maryland cad bite statutes and codes :
- Maryland Cts & Jud Pro Code § 3-1901.2: new law that overturned 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
More Dog Bite Lawsuit Resources
- Many dog bite cases are premises liability claims. Learn more about this area of the law
- Learn more about “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)