If you were bitten or attacked by a tenant’s dog in Maryland, you may wonder whether the landlord can be held responsible. Landlords can be liable if they knew or should have known that a tenant’s dog was dangerous and failed to take reasonable steps to prevent injury. Our Maryland dog bite lawyers can help you understand your options and pursue compensation.
Maryland Landlord Liability for Tenant Dog Attacks
Maryland follows a rule of strict landlord liability for dog bites. If a landlord knew or should have known that a tenant’s dog posed a danger, they have a duty to warn others or take measures to prevent possible dog bite injuries. Liability often arises in common areas, but not usually inside a private apartment where the tenant has exclusive possession.
Liability may apply if:
- The dog has a history of aggressive behavior
- The landlord had actual knowledge of the dog’s dangerous tendencies
- The landlord had reasonable control over the circumstances (e.g., lease agreements, pet policies)
Dog Owner Versus Landlord Liability
Typically, a dog’s owner is responsible for any bite or attack. However, landlords may share liability if they knowingly allowed a dangerous dog to remain on the property, ignored complaints, or failed to enforce pet rules. Evidence may include complaints from tenants, emails, letters, or lease terms about pet restrictions.
Proving Negligence Against a Dog Owner
To show a dog owner was negligent, a victim must demonstrate:
- The dog owner had a duty to prevent injury
- The owner failed that duty
- The failure caused direct harm to the victim
Even if the dog owner was unaware of aggressive tendencies, failure to properly control the dog may still qualify as negligence.
Negligence Per Se and Dog Liability Insurance
Violating laws or local ordinances, like leash laws, may constitute negligence per se. Homeowners or renters insurance usually covers such incidents, including attacks on and off the property, although breed restrictions may apply.
National Case Examples (Informational)
While Maryland law governs, U.S. case law demonstrates the general principles of landlord liability:
- Montana: A rancher was not held liable when a foreman’s dog attacked, because he did not exercise total control over the dog (Criswell v. Brewer).
- New York: Landlords are usually only liable when they know a tenant’s dog is dangerous (Gill v. Welch).
- Colorado & Alaska: Landlords may be liable if they knowingly create a risk and fail to act, resulting in serious injury (Vigil v. Payne, Alaskan Village v. Smalley ex rel. Smalley).
Maryland Law: Strict Liability for Dog Bites
Maryland’s dog bite statute is under Code §3-1901. Landlords may be held liable if:
- The dog has dangerous tendencies
- The landlord had actual knowledge
- The landlord had reasonable control or authority to enforce pet rules
Landlords who lease properties with month-to-month agreements may have more ability to remove dangerous dogs and therefore may bear liability if they fail to act.
Building a Case Against a Landlord
Evidence to support a landlord liability claim includes:
- Medical records and bills
- Witness statements or prior tenant complaints
- Communications demonstrating landlord knowledge of a dangerous dog
- Lease agreements showing pet rules or landlord control
When You Can’t Hold a Landlord Liable
You generally cannot hold a landlord liable if:
- You were trespassing or committing a crime
- You provoked the dog
- The landlord had no knowledge of a dangerous dog
Frequently Asked Questions
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Can a landlord be sued for a tenant’s pit bull attack?
Yes, if the landlord knew or should have known the dog was dangerous and failed to prevent the attack.
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What insurance policies cover dog bites?
Homeowners and renters insurance typically cover dog bites and related legal costs, although breed restrictions may apply.
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Can I report an aggressive dog or barking dog?
You can contact local animal control or the police to report aggressive dogs or persistent barking issues.
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Is it required to report dog bites?
Yes, Maryland law requires reporting bites to animal control or local authorities.
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How do I prove a landlord knew about a dangerous dog?
Evidence includes emails, letters, tenant complaints, or other documentation showing landlord knowledge of the dog’s aggressive behavior.
Contact a Maryland Dog Bite Lawyer Today
If you or someone you know has been bitten by a dog, seek legal help immediately from an expert dog bite attorney. The Law Offices of Alex Poberesky, P.A. can review your case, gather evidence, and help pursue compensation.
Call (410) 650-4221 for a free case review and consultation.
