Tracey v. Solesky

A pit bull named Clifford escaped from its pen and attacked Dominic Solesky, a minor, who initially sustained life threatening injuries as a result of his mauling. Dominic's parents, as next friends of Dominic, sued Defendant landlord. The trial court granted judgment for Defendant, concluding that the evidence was insufficient to permit the issue of common law negligence to be presented to the jury. The court of special appeals reversed, finding that the evidence had been sufficient to create a valid jury issue as to the extent of Defendant's knowledge of Clifford's dangerousness with respect to the then common law standards in dog attack negligence cases. The Court of Appeals affirmed after modifying the Maryland common law of liability as it relates to attacks by pit bull dogs against humans, holding that when an owner, landlord, or other person who has the right to control the pit bull's presence on the subject premises knows, or has reason to know, that the dog is a pit bull or pit bull mix, that person is strictly liable for the damages caused to a plaintiff who is attacked by the dog on or from the owner's or lessor's premises. Remanded for a retrial. View "Tracey v. Solesky" on Justia Law