EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0815*
SENATE BILL 815
D3 2lr2811
CF 2lr2814
By: Senator Lee
Introduced and read first time: February 7, 2022
Assigned to: Judicial Proceedings
A BILL ENTITLED
AN ACT concerning 1
Civil Actions – Tortious Injury to or Death of Pet – Damages 2
FOR the purpose of establishing that a person who tortiously causes an injury to or death 3
of a pet may be liable to the owner of the pet for noneconomic damages; establishing 4
an exception to the cap on compensatory and noneconomic damages for a tortfeasor 5
who acted with gross negligence, intent, or malice or in violation of the Maryland 6
Declaration of Rights; and generally relating to tortious injuries to or death of pets. 7
BY repealing and reenacting, with amendments, 8
Article – Courts and Judicial Proceedings 9
Section 11–110 10
Annotated Code of Maryland 11
(2020 Replacement Volume and 2021 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Courts and Judicial Proceedings 15
11–110. 16
(a) (1) In this section the following words have the meanings indicated. 17
(2) “Compensatory damages” means: 18
(i) In the case of the death of a pet, the fair market value of the pet 19
before death and the reasonable and necessary cost of veterinary care; and 20
(ii) In the case of an injury to a pet, the reasonable and necessary 21
cost of veterinary care. 22 2 SENATE BILL 815
(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 ACT ED WITH GROSS NEGLIGENC E, 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