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Personal Injury · Dog Bite Liability

Dog Bite Laws in Maryland

Whether Maryland holds a dog owner automatically liable, follows the one-bite rule, or takes a mixed approach, plus landlord liability and the main defenses.

Draft entry: classification pending source verificationStatute §3-1901Source mgaleg.maryland.gov
Dog-bite liability · Maryland
Mixed / hybrid
Maryland is mixed by the dog’s status: a dog running at large brings strict liability, while any other injury runs through a rebuttable presumption that the owner knew the dog was dangerous, which the owner can try to defeat.
BasisStatute
Landlord liable?Rarely
Statute§3-1901

How liability works in Maryland

A hybrid: the two prongs below apply differently.

Near-strict
If the dog was running at large

A dog that is free, unrestrained, or not under control (even on the owner’s own property) triggers strict liability for the injury under subsection (c), unless you were trespassing, committing a crime, or provoking the dog.

Must prove fault
Any other injury

Subsection (a) gives you a rebuttable presumption that the owner knew or should have known the dog had vicious or dangerous propensities. The owner can rebut it, which is why this half is near-strict rather than fully strict.

This is a hybrid that splits by the dog’s legal status.

What the victim must show
For the strict path, show the dog was at large (free, unrestrained, or not under control) and that you were not trespassing, committing a crime, or provoking it. Otherwise, proof that the dog caused the injury raises the presumption of the owner’s knowledge, and the owner then carries the burden to rebut it.

Landlords & defenses

Who else can be liable, and what defeats a claim.

Landlord liability
Generally no. Section 3-1901(b) sends claims against non-owners, including landlords, to the common law as it stood on April 1, 2012, and the statutory presumption does not apply to them. A landlord is reached only on the older knowledge-and-control standard.
Main defenses
TrespassingCommitting a crimeProvoking the dogRebutting the presumption of knowledge

In a jury trial the judge may not rule that the presumption has been rebutted as a matter of law before the jury returns its verdict, so the knowledge question usually reaches the jury.

The full picture, with the source

Every field, and any recent development.

Liability modelMixed / hybrid
BasisStatute — Md. Code, Cts. & Jud. Proc. §3-1901 (2014 SB 247)
What it coversFor the strict path, show the dog was at large (free, unrestrained, or not under control) and that you were not trespassing, committing a crime, or provoking it. Otherwise, proof that the dog caused the injury raises the presumption of the owner’s knowledge, and the owner then carries the burden to rebut it.
LandlordGenerally no. Section 3-1901(b) sends claims against non-owners, including landlords, to the common law as it stood on April 1, 2012, and the statutory presumption does not apply to them. A landlord is reached only on the older knowledge-and-control standard.
Main defensesTrespassing · Committing a crime · Provoking the dog · Rebutting the presumption of knowledge
Recent developments

2014 Md. Laws ch. 48 (SB 247) (decided 2014-04-08): Senate Bill 247 created §3-1901, replacing the breed-specific rule from Tracey v. Solesky with a breed-neutral framework. It set the rebuttable presumption of owner knowledge and the strict-liability rule for a dog at large, applying the same standard to every dog regardless of breed.

What Maryland dog-bite victims get wrong

Maryland is mixed, and it splits by the dog’s status rather than by the type of damage. A 2014 statute, §3-1901, reset the state after the courts had briefly made pit bull owners strictly liable by breed. The statute is breed-neutral and has two moving parts. If the dog was running at large, meaning free, unrestrained, or not under control, even on the owner’s own land, the owner is strictly liable under subsection (c), subject only to trespass, crime, and provocation defenses. For any other injury, subsection (a) hands the victim a rebuttable presumption that the owner knew or should have known the dog was dangerous. Because the owner can rebut that presumption, this half is near-strict rather than fully strict, which is what keeps Maryland out of the pure strict-liability column. Landlords sit outside all of this: subsection (b) routes claims against non-owners back to the older common law.

Common questions

Is Maryland a strict-liability or one-bite state for dog bites?

It is mixed. A dog running at large brings strict liability under §3-1901(c). For other injuries, the victim gets a rebuttable presumption that the owner knew the dog was dangerous, and the owner can try to rebut it, so it is near-strict rather than fully strict.

What is Maryland’s rebuttable presumption in a dog-bite case?

Under §3-1901(a), proving the dog caused the injury creates a presumption that the owner knew or should have known the dog had vicious or dangerous propensities. The owner then bears the burden of rebutting it.

What does "running at large" mean under Maryland dog law?

Maryland courts read it as free, unrestrained, or not under control, and it can apply even on the owner’s own property. A dog at large triggers strict liability unless the victim was trespassing, committing a crime, or provoking the dog.

Can I sue a landlord for a tenant’s dog bite in Maryland?

Generally only under the older common law. Section 3-1901(b) sends claims against non-owners, including landlords, to the law as it stood on April 1, 2012, and the statutory presumption does not apply to them.

Primary source
Md. Code, Cts. & Jud. Proc. §3-1901
Maryland General Assembly — Cts. & Jud. Proc. §3-1901 · mgaleg.maryland.gov
Draft: pending editorial review
mgaleg.maryland.gov blocks automated access (403 / anti-bot), so §3-1901 could not be captured verbatim for this page. The three-part structure (rebuttable presumption in (a), common-law path for non-owners in (b), strict liability for a dog at large in (c)) was confirmed across Justia, the enacted 2014 SB 247 chapter, animallaw.info, and several Maryland practitioner summaries. A human should open the official statute in a browser before a verified byline. Editorial standards →

Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.