Maryland 2022 Regular Session

Maryland Senate Bill SB815 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	sb0815
6	6
7	7	SENATE BILL 815
8	8	D3 2lr2811
9	9	CF 2lr2814
10	10	By: Senator Lee
11	11	Introduced and read first time: February 7, 2022
12	12	Assigned to: Judicial Proceedings
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
20	20	FOR the purpose of establishing that a person who tortiously causes an injury to or death 3
21	21	of a pet may be liable to the owner of the pet for noneconomic damages; establishing 4
22	22	an exception to the cap on compensatory and noneconomic damages for a tortfeasor 5
23	23	who acted with gross negligence, intent, or malice or in violation of the Maryland 6
24	24	Declaration of Rights; and generally relating to tortious injuries to or death of pets. 7
25	25
26	26	BY repealing and reenacting, with amendments, 8
27	27	Article – Courts and Judicial Proceedings 9
28	28	Section 11–110 10
29	29	Annotated Code of Maryland 11
30	30	(2020 Replacement Volume and 2021 Supplement) 12
31	31
32	32	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
33	33	That the Laws of Maryland read as follows: 14
34	34
35	35	Article – Courts and Judicial Proceedings 15
36	36
37	37	11–110. 16
38	38
39	39	(a) (1) In this section the following words have the meanings indicated. 17
40	40
41	41	(2) “Compensatory damages” means: 18
42	42
43	43	(i) In the case of the death of a pet, the fair market value of the pet 19
44	44	before death and the reasonable and necessary cost of veterinary care; and 20
45	45
46	46	(ii) In the case of an injury to a pet, the reasonable and necessary 21
47	47	cost of veterinary care. 22 2 SENATE BILL 815
48	48
49	49
50	50
51	51	(3) “NONECONOMIC DAMAGES ” INCLUDES MENTAL ANGU ISH, 1
52	52	EMOTIONAL PAIN AND SUF FERING, LOSS OF COMPANIONSHI P, COMFORT, AND 2
53	53	PROTECTION . 3
54	54
55	55	[(3)] (4) (i) “Pet” means a domesticated animal. 4
56	56
57	57	(ii) “Pet” does not include livestock. 5
58	58
59	59	(b) (1) A person who tortiously causes an injury to or death of a pet while 6
60	60	acting individually or through an animal under the person’s ownership, direction, or control 7
61	61	is liable to the owner of the pet for compensatory damages AND NONECONOMIC DAMA GES. 8
62	62
63	63	(2) (I) [The] EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 9
64	64	PARAGRAPH , THE damages awarded under paragraph (1) of this subsection may not 10
65	65	exceed $10,000. 11
66	66
67	67	(II) SUBPARAGRAPH (I) OF THIS PARAGRAPH DO ES NOT APPLY 12
68	68	IF THE TORTFEASOR ACT ED WITH GROSS NEGLIGENC E, INTENT, OR MALICE OR IN 13
69	69	VIOLATION OF THE MARYLAND DECLARATION OF RIGHTS. 14
70	70
71	71	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 15
72	72	apply only prospectively and may not be applied or interpreted to have any effect on or 16
73	73	application to any cause of action that arises before the effective date of this Act. 17
74	74
75	75	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 18
76	76	October 1, 2022. 19