Dog Bite in Waldorf, MD? You Can Sue for Compensation
Have you been the victim of a dog bite in Waldorf, MD or anywhere in Southern Maryland? Or, has a loved one been attacked and bitten by a dangerous dog? If so, contact us here at the Law Office of Robert Castro. Call us at (301)705-5137. We are Maryland Dog Bite Lawyers who can help you obtain the compensation to which you are entitled. Unlike other States, Maryland is NOT a “one-free-bite” State. Even if the dog in question has never bitten anyone, you can file a personal injury lawsuit and file an insurance claim against the dog owner’s homeowner’s insurance. Under Maryland’s dog bite laws, victims have three years from the date of the attack to file their lawsuits. If proven, victims can recover for any of the following types of damages:
- Costs for ambulances, ER care, hospital stays, surgeries and all other medical care and expenses
- Pain and suffering
- Fear and apprehension
- Lost wages and income (or loss of future earnings capacity if the victim is, for example, a child)
- Damages for emotional distress and other mental injuries
- Disfigurement — if, for example, there is scarring to the face or other parts of the body
What Should I Know About Maryland Dog Bite Law?
Maryland dog bite law is a form of “strict liability.” That means, providing legal liability and recovering compensation is relatively “easy.” This is because, in a Maryland dog bite case, the owner is legally presumed to know his or her dog has “vicious or dangerous propensities” if the dog injures or kills someone. Thus, to “win” your case, there are essentially only four legal elements that must be proven:
- Ownership of the dog
- Dog bite (or other attack)
- Causation
- Injury
Usually, the final three elements are “easy” to show. That is, with a Maryland dog bite, the bite directly causes the injury. But, in some rare cases, proving the elements can be more complex. Say, for example, that the dog leaps up on a person, but does not bite or maul the person. However, the person becomes unbalanced and falls and is injured when they hit the ground. This is a form of Maryland dog bite case and the owner will probably be held legally liable.
Are there legal defenses?
There are some defenses that a dog owner can put forward in a dog bite case in Maryland. See MD Courts & Jud. Proc., § 3-1901. A Maryland dog owner is NOT liable if the dog owner can prove that the injured victim
(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
Contact Waldorf, MD Personal Injury Attorney Robert Castro Today
This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced personal injury lawyer at (301) 870-1200. We are Waldorf, MD Personal Injury lawyers. Our address is: 2670 Crain Highway, Waldorf, MD 20601. We handle personal injury cases in La Plata, Clinton, Bowie, Greenbelt, Landover and in other cities in Southern Maryland.