The Maryland Senate has passed the “dog bite bill” in an attempt to resolve the many problems caused by the recent Tracey v. Solesky court decision. Among other changes, the Senate bill moves all dog owners to strict liability, regardless of the dog’s breed.
The Maryland House will take up the issue on Monday, August 13. There are four different House bills dealing with this issue: HB 2, HB 3, HB 4, and HB 5. These bills are all slightly different. Only HB 2 moves all dog owners to strict liability (like the Senate bill). The other three proposals would restore common law liability.
There’s no question that most Maryland legislators DO want to undo the Solesky court decision. But they don’t all agree on how that should be done. Some legislators and individuals have valid concerns about the Senate bill and the hasty move to strict liability. Others feel that something is better than nothing. All are concerned that the effort to fix the court ruling will fall apart if they can’t reach consensus.
The House bills can be read here:
HB 2: http://mlis.state.md.us/2012s2/bills/hb/hb0002f.pdf
HB 3: http://mlis.state.md.us/2012s2/bills/hb/hb0003f.pdf
HB 4: http://mlis.state.md.us/2012s2/bills/hb/hb0004f.pdf
HB 5: http://mlis.state.md.us/2012s2/bills/hb/hb0005f.pdf