Pit bull owners in Maryland can breathe a tentative sigh of relief. Legislation aiming to eliminate a prior ruling labeling pit bulls as “inherently dangerous dogs" is being pushed through both chambers as we near the end of the Maryland Legislature's 2014 session. This rule that forced pit bulls to be labeled as such was made by a Court of Appeals in 2012 and has been causing pit bull owners in Maryland serious difficulties ever since.
Known as S.B. 247, the bill passed by the Senate takes a new stance on dog breed specific legislation and the limitations that many dog owners face, particularly pit bull owners in Maryland. This bill, which was passed by Senate members in a 45-0 vote, places equal liability on all dog owners regardless of what breed of dog they own and, thus, removes the extra liability pit bull owners had assumed.
According to the Humane Society, the bill did receive a great deal of debate over an amendment, which ultimately did not pass, that would have placed strict liability (responsibility for injury or damages regardless of the circumstances) on all dog owners. However, the version of the bill that passed does contain language that places strict liability for dogs that are considered to be “running at large.”
Find out what's happening in Annapolisfor free with the latest updates from Patch.
The 2012 Court of Appeals Ruling
In 2012, the Maryland Court of Appeals made a ruling in the case Tracey v. Solesky that established pit bull owners in Maryland as strictly liable for all damages and harm their dog cause whether or not they previously knew their dog was dangerous. This ruling also held landlords, veterinarians, groomers, and other third parties liable for the harm and damage that a pit bull caused.
As a result of this 2012 decision, many pit bull owners in Maryland have struggled, being turned out of their homes or unable to find new living arrangements due to landlords being unwilling to have pit bull dogs on their properties.
Find out what's happening in Annapolisfor free with the latest updates from Patch.
Legislation Moves Forward
As the Senate and House have both passed slightly different versions of this pit bull legislation, the Senate will now vote on the amended House version before being sent to Governor O'Malley.
HB 73 included a number of provisions, with the main one stating that it would be dog owners, rather than landlords and other third parties, who would be responsible for dog attacks. Additionally, the bill states that dog owners must have or should have known their dog was dangerous to be held liable. Furthermore, it would provide emergency protection to dogs and owners currently facing prosecution under the current ruling.
