Open/Close Menu
Your Rental Housing Solution
Home · Property Management · Latest News : Court Tightens the Rules for Landlord Liability

In a 4-3 decision, the Court of Appeals of Maryland last week ruled that owners of pit bulls, or mixed breed pit bulls — and landlords who allow tenants to have such dogs — are strictly liable for damages resulting from the dog’s attack.

The decision modifies the state’s previous laws relating to pit bull attacks. It is no longer necessary in these cases to prove that a pit bull is dangerous. The presence of the animal on the premises is enough to establish a case for damages.

The victim in this case, a 10-year-old boy mauled by a pit bull, was seriously injured in the attack. He spent seventeen days in the pediatric intensive care unit, had additional surgeries, and spent a year in rehabilitation.

His parents filed a complaint seeking money damages against the dog’s owners, and their landlord, alleging negligence and strict liability. The dog’s owners subsequently declared bankruptcy.

At trial, the court ruled that there was insufficient evidence that the landlord knew of the vicious nature of the dog. But an appeals court later reversed that decision. The landlord’s insurer appealed to Maryland’s highest court, which upheld the appeals court’s imposition of liability against the landlord.

In modifying the law, the justices conclude that pit bulls and cross-bred pit bulls are “inherently dangerous”, and the state is justified in imposing greater duties to hold owners and landlords liable for any attacks.

According to the attorney for the victim, experienced litigator Kevin Dunne with the Ober|Kaler law firm, the court’s decision is already stirring debate between animal rights groups and organizations that advocate for stronger laws to protect people from dog attacks. “In the end, however, pit bull owners and their landlords must be liable for the actions of these dogs,” he explains.

With AAOA, landlords have resources at their fingertips. Check out our Landlord Forms page.

American Apartment Owners Association offers discounts on products and services for landlords related to your rental housing investment, including rental forms, tenant debt collection, tenant background checks, insurance and financing. Find out more at www.joinaaoa.org.

  • GARY CARLSON

    Ah, yes. Maryland. Wanna be a baby sitter? Lease property in Maryland.

  • Keith K

    This might be a good idea. If tenants do not take responsibility for something that is caused by them then the problem will only get worse.

  • michael thomas

    My 82 year mother was attacked by the next door neighbors pit bull ,while standing on our rentals front porch. Ambulance took her to the ER, police arrived NOT knowing the law and allowed the dog to remain with the owner.I learned you DO NOT file a complaint against most police departments UNLESS you live in a major city,otherwise you’ll be targeted and blacklisted. The property owner refused to tell us the name of her Insurance Co. Our Insurance Co. said mom was not covered because he WAS on the title. We hired an attorney , won a $12,000. judgement, The dog owner simply files bankrupty, and never has to pay a thing.So many dog owner dont understand a thing about the Canine species. For 100s of years these dogs were bread to FIGHT.The police told me on the scene ” no there is no need to call animal control” they left and allowed the dog to remain, like no big deal.

Copyright © 2004 - 2016 AAOA.com. All Rights Reserved.