Tag: burden of proof

Pits bulls not singled out in dog bite bill passed by Maryland House of Delegates

The Maryland House of Delegates yesterday approved a bill that would make it easier to hold all dog owners accountable for injuries caused by their pets — not just those who own pit bulls.

The Washington Post reports that the measure provides “a small measure of victory to pit bull owners,” whose dogs had been singled out by a Maryland court last spring as “inherently dangerous.”

The bill effectively overturns the Maryland Court of Appeals decision, Tracey v. Solesky, which stemmed from a 2007 incident in which a pit bull mauled a 10-year-old Towson boy.

The measure approved by the house Thursday would make it easier to hold all dog owners liable for injuries caused by their pets. In the past, plaintiffs suing the owners of dogs had to prove the dog was dangerous. Now it will be up to dog owners in liability cases to prove in court that their dog is not dangerous.

The 2012 court decision made owners of pit bulls, and their landlords, automatically liable in the event that their dog bit or injured someone.

Animal rights groups protested the appeals court decision, saying it was leading to dogs being euthanized and tenants being forced to surrender their dogs or move. The House bill does not contain breed-specific language.