The Maryland House Judiciary Committee has recently considered new legislation that would raise the statutory cap on compensatory damages for injured or killed domestic pets from $10,000 to $25,000.ⁱ Prior legislation under the Maryland Code for Courts and Judicial Proceedings limited the recovery of damages to $10,000 for tortious injury or death to a pet.ⁱⁱ Uniquely, this cap on compensatory damages only existed under Article 11-110, and only applied to tortious injury caused to pets, whereas there is no cap on damages to other private property.ⁱⁱⁱ

While the above discrepancy served as initial motivation for considering the increase in the cap, the true motivation was framed as a response to the market increase in the cost of veterinary services.^iv Delegates and sponsors for the proposed legislation presented testimony that veterinary bills can easily exceed $10,000, especially for complex surgeries or treatments. ^v The cap in Article 11-110 has steadily increased since 1989 to reflect market changes in veterinary costs.^vi While this most recent proposed increase is more than double the current limit, most sponsors of the legislation supported the cap increase to $25,000 because it is in line with similar damage cap increases across the country.^vii

The proposed legislation is fully supported by the House Judiciary members but is not without some third-party dissent. Representatives from property insurance associations opposed the proposed increase on the basis that most evidence is anecdotal and that asking for damages would not necessarily be limited to the cost of veterinary bills but could extend into extra- medical costs such as attorney fees.^viii This opposition is expected, as it is insurance companies which will pay for veterinary services for pets that are insured.^ix However, it is unlikely that the third-third party opposition will sway the Delegates as the bill has both legislative and heartfelt support from a majority.

Curtis Paul is a third-year day student at the University of Baltimore School of Law and a Staff Editor for Law Forum. Curtis graduated from UMBC in May 2016 with a degree in philosophy. Since then, Curtis has been active in the UB Law community and has interned for multiple Federal bodies including the Department of Justice this upcoming Spring. Curtis will graduate in May 2021 and will clerk for the Honorable Stuart R. Berger on the Maryland Court of Special Appeals after graduation.

ⁱ Civil Actions – Tortious Injury to or Death of Pet – Compensatory Damages (Buddy’s Law): Hearing on HB0154 Before the H. Judiciary Comm., 441^st Md. Gen. Assemb. (2020).

ⁱⁱ Md. Code Ann., Cts. & Jud. Proc. § 11-110 (West).

ⁱⁱⁱ Civil Actions – Tortious Injury to or Death of Pet – Compensatory Damages (Buddy’s Law): Hearing on HB0154 Before the H. Judiciary Comm., 442^nd Md. Gen. Assemb. (2021) (statement of Del. Bartlett, Member, H. Judiciary Comm.)

^iv Civil Actions – Tortious Injury to or Death of Pet – Compensatory Damages (Buddy’s Law): Hearing on HB0154 Before the H. Judiciary Comm., 442^nd Md. Gen. Assemb. (2021) (statement of Del. Kipke, Member, H. Judiciary Comm.)

^v Id.

^vi Id.

^vii Civil Actions – Tortious Injury to or Death of Pet – Compensatory Damages (Buddy’s Law): Hearing on HB0154 Before the H. Judiciary Comm., 441^st Md. Gen. Assemb. (2020) (statement of Del. Kipke, Member, H. Judiciary Comm.)

^viii Civil Actions – Tortious Injury to or Death of Pet – Compensatory Damages (Buddy’s Law): Hearing on HB0154 Before the H. Judiciary Comm., 442^nd Md. Gen. Assemb. (2021) (statement of Andrew Kirnker; Robert Enten

^ix Buddy’s Law, supra note 1.