Maryland 2022 2022 Regular Session

Maryland House Bill HB1375 Introduced / Bill

Filed 02/14/2022

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb1375*  
  
HOUSE BILL 1375 
D3   	2lr2814 
    	CF SB 815 
By: Delegate Kipke 
Introduced and read first time: February 11, 2022 
Assigned to: Judiciary 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Civil Actions – Tortious Injury to or Death of Pet – Damages 2 
(Buddy’s Law) 3 
 
FOR the purpose of establishing that a person who tortiously causes an injury to or death 4 
of a pet may be liable to the owner of the pet for noneconomic damages; establishing 5 
an exception to the cap on compensatory and noneconomic damages for a tortfeasor 6 
who acted with gross negligence, intent, or malice or in violation of the Maryland 7 
Declaration of Rights; and generally relating to tortious injuries to or death of pets. 8 
 
BY repealing and reenacting, with amendments, 9 
 Article – Courts and Judicial Proceedings 10 
Section 11–110 11 
 Annotated Code of Maryland 12 
 (2020 Replacement Volume and 2021 Supplement) 13 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 
That the Laws of Maryland read as follows: 15 
 
Article – Courts and Judicial Proceedings 16 
 
11–110. 17 
 
 (a) (1) In this section the following words have the meanings indicated. 18 
 
 (2) “Compensatory damages” means: 19 
 
 (i) In the case of the death of a pet, the fair market value of the pet 20 
before death and the reasonable and necessary cost of veterinary care; and 21 
 
 (ii) In the case of an injury to a pet, the reasonable and necessary 22 
cost of veterinary care. 23  2 	HOUSE BILL 1375  
 
 
 
 (3) “NONECONOMIC DAMAGES ” INCLUDES MENTAL ANGU ISH, 1 
EMOTIONAL PAIN AND SUF FERING, LOSS OF COMPANIONSHI P, COMFORT, AND 2 
PROTECTION .  3 
 
 [(3)] (4) (i) “Pet” means a domesticated animal. 4 
 
 (ii) “Pet” does not include livestock. 5 
 
 (b) (1) A person who tortiously causes an injury to or death of a pet while 6 
acting individually or through an animal under the person’s ownership, direction, or control 7 
is liable to the owner of the pet for compensatory damages AND NONECONOMIC DAMA GES. 8 
 
 (2) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 9 
PARAGRAPH , THE damages awarded under paragraph (1) of this subsection may not 10 
exceed $10,000. 11 
 
 (II) SUBPARAGRAPH (I) OF THIS PARAGRAPH DO ES NOT APPLY 12 
IF THE TORTFEASOR AC TED WITH GROSS NEGLI GENCE, INTENT, OR MALICE OR IN 13 
VIOLATION OF THE MARYLAND DECLARATION OF RIGHTS. 14 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 15 
apply only prospectively and may not be applied or interpreted to have any effect on or 16 
application to any cause of action that arises before the effective date of this Act.  17 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 18 
October 1, 2022. 19