Pit Bull Owners in Maryland: State Considers Reversing Ruling

Nearly two years after a Maryland Court of Appeals labeled pit bulls as "inherently dangerous," state legislators are attempting to reach a compromise that will protect victims of dog bites while still loosening restrictions on pit bull owners and landlords. Lawmakers attempted to address the issue in 2013, but were unable to overcome some last-minute challenges to the legislation.

Maryland's pit bull issue became the center of public scrutiny in 2012, when a Maryland Appellate Court issued a ruling that labeled the breed as "inherently dangerous." The ruling came in a lawsuit filed over a pit bull attack of a 10-year-old boy. The dog was owned by a family who was renting a nearby home. The victim's family sued not only the dog's owners, but also the owners' landlord. See my earlier blog on this topic for more background information.

The ruling set off a firestorm among pit bull owners in Maryland. First, it made pit bull owners automatically responsible for any injuries their dog causes, regardless of whether the dog had shown any signs of aggression or violence in the past. However, the ruling also made landlords liable for any injuries caused by pit bulls owned by the landlord's tenants.

The landlord liability component has been especially problematic, according to animal rights advocates. Both the Baltimore County Animal Shelter and the SPCA say they have seen an increase in pit bulls being dropped off. They say the spike is caused by landlords banning pit bulls from homes and leaving the dogs' owners with few options.

In 2013, legislators attempted to pass legislation that would ease the burden for pit bull owners in Maryland and for their landlords. The legislation would have removed the "inherently dangerous" label, which would in turn remove the automatic liability for owners and their landlords. Without that label, owners would be allowed to use the dog's past signs of aggression - or lack thereof - to prove that they couldn't have predicted the dog's actions and therefore aren't liable.

While the proposed bill seemed to be a logical solution, it failed to get through the House after quick passage in the State Senate. Two legislators are restarting the effort in 2014. They have crafted a bill that increases protections for all dog bite victims, regardless of the breed of the attacking dog. It also lines up with the laws in most other states in that it requires an owner to have prior knowledge of the dog's aggression before the owner can be held liable. Landlords are not liable at all for a tenant's dog under the proposed legislation.

Animal experts say that pit bull owners can reduce the likelihood of a dog attack by taking some preventative steps in how they care for their dogs. Experts recommend that dog owners train and discipline their dog with positive reinforcement rather than physical discipline or abuse. They also recommend treating the dog as a member of the family and not as a random animal that only lives outside. Finally, pit bull owners in Maryland should be aware of whether their dog has trouble in certain situations, such as in large groups or around children or other dogs. If so, the responsible action would be to avoid those situations or to keep the dog under tight restraint.

This article originally appeared on the website of Drew Cochran Law.  For more information, please visit www.drewcochranlaw.com.