What Must Be Legally Proven In Animal Bite Cases?

     Liability in animal bite cases is based on the legal theory of Negligence.

     Negligence is, in its simplest terms, a failure to exercise reasonable care and diligence under the circumstances. In order to succeed in a cause of action in negligence, the person bringing the action, known as the Plaintiff, must prove the following four (4) elements:

1. Duty - That the party against which the action is brought (the Defendant) had a “Duty of Care” to the person who was injured. A Duty of Care is a duty to use that degree of care that an ordinarily prudent and reasonable person would have used under the circumstances;
2. Breach of Duty - The Plaintiff must also establish that the Defendant breached their duty of care by not using reasonable care;
3. Causation - The Plaintiff must further prove that the Defendant’s negligence caused the harm (the injuries, damages and losses) and was the “Proximate Cause” of the harm, meaning it was not just a remote consequence of harm; and
4. Damages - The Plaintiff must prove actual damages, meaning bodily injuries, damages and losses sustained from the incident.

     Furthermore, in Maryland, once negligence is established, in order to be successful in the case, the Plaintiff must not have been “Contributorily Negligent” and must not have “Assumed the Risk.” These are two defenses commonly raised by the Defendant (See the section entitled “Defenses Raised in Animal Bite Cases”).