The common law prosecution requirements have been modified and the changes apply to the most common types of dog bites. Nevertheless, in some cases it is necessary to prove the traditional elements required for adhesion to the dog bite. The elements of common law doctrine (called scientific or bite rule) were described in Herbert v. Ziegler, 216 Md. 212, 139 A.2d 699 (1958): Unfortunately, the victims of dog bites are too often children. These children are often members of the dog`s household or children visiting the household. Studies have identified several risk factors associated with biting dogs. Dogs that have one or more of these risk factors are more likely to bite than dogs without risk factors. If you are bitten, injured, etc. By a dog, there is a window of time to sue the owner of the dog or the owner for a civil lawsuit. The victim has three years “from the date he [sues]” to file a civil suit against the owner or owner of the dog, unless the Maryland Code provides otherwise. Typically, this is 3 years from the time of the incident.
Failure to bring the action within this period may result in the dismissal of the case. This time limit applies only to civil matters. Dangerous Animals (Montgomery County Code, Section 5-202) – An animal is considered potentially dangerous if it has bitten a person on public or private property, or if it has killed or seriously injured a pet while it is not on the owner`s property, or if it has attacked it without provocation. An animal that has been identified as potentially dangerous and subsequently exhibits any of these behaviours is then considered dangerous. If you are bitten or scratched by an animal, report it immediately to the Ministry of Animal Services by calling 9-1-1 (if ongoing) or 301-279-8000 (if not in progress). Immediate notification allows for proper examination and quarantine to prevent the possibility of the victim contracting rabies. Under state and county health laws, anyone who knows an animal has bitten or scratched a person must immediately report the bite to the Department of Animal Control and Humane Treatment. Medical staff are also required to report to the ward whenever they treat a patient for animal bites.
Scientific means knowledge of the danger and does not necessarily require a prior bite. In Twigg v. Ryland, 62 billion 380 (1884), it was decided that: Maryland law does not distinguish between different breeds of dogs or select pit bulls for special treatment. All dog owners have common responsibilities. Some Maryland counties have breed-specific laws, so check with your county. Knowledge of dangerousness can be proven by circumstantial evidence that suggests the dog owner`s knowledge of dangerousness. Bachman v. Clark, 128 Md. 245, 248, 97 A. 440 (1916).
In this case, there was evidence that the dog was always kept in a pen; that the dog would jump on people entering the pen; that the dog became excited, barked and ran along the fence and tried to bite a stick that was pushed by boys outside between the palings; that the dog growled; and that the dog was always kept in the pen, except when it was on the belt. Based on this evidence, the court concluded that there was sufficient legal evidence to proceed with the jurors, as they tended to show that the accused was aware of the dog`s vicious tendency or inclination to bite humans. Shulman Rogers` personal injury team has experience representing dog bite victims, dog owners and dog daycares. If you or someone you know has a problem with dog bites, please contact one of our lawyers today. An animal is considered dangerous if it has killed without provocation or if it has caused serious injury to a person; whether it poses a physical threat to humans due to demonstrated specific training or behaviour; or if its bite is toxic. In Montgomery County, Maryland, the relevant laws are as follows: Each year, there are about 800 to 900 reported cases of an animal biting a human in Montgomery County. The Animal Services Division investigates each of these bites as part of its rabies control missions and to protect the community from dangerous animals. In cases against persons other than a dog owner, paragraph (b) of section 3-1901 of the courts and judicial proceedings requires the victim of a dog bite to prove that the dog once acted in a vicious or dangerous manner, and makes it clear that the evidence must be something more than showing that the dog was a pit bull.
Prior to 2014, Maryland had the bite rule and neglect principles. The incidents involving pit bulls between April 27, 2012 and April 7, 2014 were made by Tracey v. Solesky, 427 Bn 627 (2012), which imposed strict liability on pit bull owners and their owners. As of April 8, 2014, the state imposes strict liability limited to dog owners as follows: A dog owner is not responsible if their dog bites an intruder, whether the intrusion is intentional or accidental. Bramble v. Thompson, 264 B. 518 (1972). Violation of an animal welfare law may result in liability for the offender, whether or not they own the dog.
States, counties, and cities often have laws that keep dogs on a leash or prohibit them from being free or committing unauthorized entry. With few exceptions, the courts have held that violations of these laws may be the basis for liability. In this state, the breach constitutes evidence of negligence. (Moura v. Randall, 119 Md. App. 632, 705 A.2d 334 (1998).) A possible defense against liability for dog attack is if the injury occurs in a tenant`s apartment or elsewhere that you cannot control. You also have a possible defense against liability if the person is an intruder on the property. (1) commit or attempt to enter without authorization or commit another criminal offence on the owner`s property; Texas Board of Health rules, which include minimum standards for rabies control in the state of Texas; Aviaries – (Montgomery County Code, Section 5-203(a)(8)) – An owner may not allow a native or exotic bird, including a carrier pigeon, to be in an aviary within 100 feet of a structure (other than the owner`s home) used for habitation or human labor. This does not apply to a bird in the owner`s apartment, in a pet store or in an agricultural area. K. All dogs or cats, with the exception of community cats and animals under four months of age, delivered to a confiscation centre in accordance with these rules shall remain confiscated there for a period of four (4) days from the date on which the animal is collected or handed over to the animal control authority or shelter, unless it is claimed and redeemed.
At the end of this period, confiscated animals that are not claimed and redeemed by the owner or guardian may be put up for adoption, sold, returned to a rescue group, returned to a foster or care group, or humanely destroyed. Community cats should be referred to return to trap sterilization. All measures regarding the care and disposal of animals seized in the seizure facility must comply with the requirements of the Animal Welfare Act (7 U.S.C. §§ 2131 et seq.). (c) Liability of the Owner. The owner of a dog is liable for any injury, death or loss of person or property caused by the dog while the dog is at large, unless the injury, death or loss was caused to the body or property of a person who: J. “Local Rabies Control Authority” means the person: duly appointed by the Montgomery County Court of Commissioners to oversee the enforcement of these rules. I. The animal welfare authority or its representative shall be obliged to deposit all live animals to be confiscated in the seizure facility.
U. “Earplugs” or “ear tip” means the removal of the 1/4-inch end of a community cat`s ear performed while the cat is under anesthesia, in accordance with all applicable federal or state laws and under the supervision of a licensed veterinarian, in order to identify the community cat as sterilized and legally vaccinated against rabies. Any dog that has been classified as a dangerous dog must be confined in an enclosed structure at least six (6 ft) high.