Maryland 2022 Regular Session

Maryland House Bill HB1375 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1375
6	6
7	7	HOUSE BILL 1375
8	8	D3 2lr2814
9	9	CF SB 815
10	10	By: Delegate Kipke
11	11	Introduced and read first time: February 11, 2022
12	12	Assigned to: Judiciary
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Civil Actions – Tortious Injury to or Death of Pet – Damages 2
19	19	(Buddy’s Law) 3
20	20
21	21	FOR the purpose of establishing that a person who tortiously causes an injury to or death 4
22	22	of a pet may be liable to the owner of the pet for noneconomic damages; establishing 5
23	23	an exception to the cap on compensatory and noneconomic damages for a tortfeasor 6
24	24	who acted with gross negligence, intent, or malice or in violation of the Maryland 7
25	25	Declaration of Rights; and generally relating to tortious injuries to or death of pets. 8
26	26
27	27	BY repealing and reenacting, with amendments, 9
28	28	Article – Courts and Judicial Proceedings 10
29	29	Section 11–110 11
30	30	Annotated Code of Maryland 12
31	31	(2020 Replacement Volume and 2021 Supplement) 13
32	32
33	33	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
34	34	That the Laws of Maryland read as follows: 15
35	35
36	36	Article – Courts and Judicial Proceedings 16
37	37
38	38	11–110. 17
39	39
40	40	(a) (1) In this section the following words have the meanings indicated. 18
41	41
42	42	(2) “Compensatory damages” means: 19
43	43
44	44	(i) In the case of the death of a pet, the fair market value of the pet 20
45	45	before death and the reasonable and necessary cost of veterinary care; and 21
46	46
47	47	(ii) In the case of an injury to a pet, the reasonable and necessary 22
48	48	cost of veterinary care. 23 2 HOUSE BILL 1375
49	49
50	50
51	51
52	52	(3) “NONECONOMIC DAMAGES ” INCLUDES MENTAL ANGU ISH, 1
53	53	EMOTIONAL PAIN AND SUF FERING, LOSS OF COMPANIONSHI P, COMFORT, AND 2
54	54	PROTECTION . 3
55	55
56	56	[(3)] (4) (i) “Pet” means a domesticated animal. 4
57	57
58	58	(ii) “Pet” does not include livestock. 5
59	59
60	60	(b) (1) A person who tortiously causes an injury to or death of a pet while 6
61	61	acting individually or through an animal under the person’s ownership, direction, or control 7
62	62	is liable to the owner of the pet for compensatory damages AND NONECONOMIC DAMA GES. 8
63	63
64	64	(2) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 9
65	65	PARAGRAPH , THE damages awarded under paragraph (1) of this subsection may not 10
66	66	exceed $10,000. 11
67	67
68	68	(II) SUBPARAGRAPH (I) OF THIS PARAGRAPH DO ES NOT APPLY 12
69	69	IF THE TORTFEASOR AC TED WITH GROSS NEGLI GENCE, INTENT, OR MALICE OR IN 13
70	70	VIOLATION OF THE MARYLAND DECLARATION OF RIGHTS. 14
71	71
72	72	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 15
73	73	apply only prospectively and may not be applied or interpreted to have any effect on or 16
74	74	application to any cause of action that arises before the effective date of this Act. 17
75	75
76	76	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
77	77	October 1, 2022. 19
78	78