Dogs are family members, loyal companions, and a source of great joy. But what happens when a friendly dog bites someone? Or a neighbor’s dog gets loose and causes an injury?
These are difficult and stressful situations for everyone involved. But when a dog bite happens, it’s important to understand the legal rules that apply.
In South Carolina, the law is clear. Under SC dog bite laws, a dog owner can be held responsible even if their dog has never shown any aggressive behavior before. This is a strict liability standard, which means the focus is on the incident itself, not on the owner’s knowledge of the dog’s past. Our experienced York, SC dog bite lawyer explains the specific dog bite laws in South Carolina and how they may pertain to your situation.
Does South Carolina Have a One-Bite Rule?
Many states have a “one-bite rule,” which means an owner isn’t responsible the first time their dog bites someone unless they knew the dog was dangerous. South Carolina does not have a one-bite rule.
Instead, the state applies a strict liability standard. This means that a dog owner is responsible for injuries caused by their dog, even if the dog has never bitten or shown aggressive behavior before.
The injured person does not have to prove that the owner was negligent or that they knew their dog was dangerous. The law, S.C. Code Ann. § 47-3-110, simply states that if a person is bitten or attacked while in a public place or lawfully on private property, the owner is liable for the damages. This law places the responsibility directly on the owner.
Common Injuries Associated With Dog Bites
Dog bites can cause a variety of serious injuries. Some common ones include:
- Puncture Wounds and Deep Cuts: These can lead to significant bleeding and nerve damage.
- Infections: Dog bites can introduce bacteria, leading to infections like cellulitis, rabies, or tetanus.
- Crushing Injuries: Strong bites can crush bones or muscle tissue.
- Torn Ligaments and Tendons: The force of a bite can tear connective tissues.
- Facial Injuries and Disfigurement: Bites to the face can cause permanent scarring.
- Emotional Trauma: Victims, especially children, often suffer from fear, anxiety, and post-traumatic stress.
How Liability Works in Different Circumstances
Liability for a dog bite often depends on where the bite happens. The dog bite laws in South Carolina apply differently based on the situation:
- Public Places: If a dog bites someone in a public place, like a park, street, or sidewalk, the owner is strictly liable.
- Private Property (Lawful Presence): If the bite happens on private property, the victim must have been there legally. This includes guests, delivery workers, or mail carriers. The owner is strictly liable in this situation.
- Private Property (Unlawful Presence): If someone is trespassing on the owner’s property, the owner is generally not liable for the bite.
When Dog Owners Are Not Held Liable
South Carolina law provides specific defenses that an owner can use to avoid liability:
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Trespassing
The law specifies that the victim must be in a public place or lawfully on private property for the owner to be held liable. This means if a person is on the owner’s property without permission, such as a burglar, they cannot sue for damages if they are bitten.
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Provocation
Another major exception is provocation. If the person who was bitten was teasing, tormenting, or abusing the dog, the owner may have a valid defense. Courts will look at the specific actions of the victim to see if they caused the dog to bite in self-defense.
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Other Limited Circumstances
In addition to trespassing and provocation, other limited circumstances can impact an owner’s liability. For example, if a dog is performing official duties as a police or military dog, the owner is usually not liable for bites that occur during that work.
What Damages Can Dog Bite Victims Recover?
Under South Carolina dog bite laws, victims can seek compensation for their injuries. These damages may include:
Medical Expenses
This covers the costs of all medical care related to the bite. This can include emergency room visits, hospital stays, doctor appointments, surgeries, physical therapy, and prescription medications.
Lost Wages
If your injuries prevent you from working, you can seek to recover the income you lost. This can include both past lost wages and any future income you may lose if your injuries cause a long-term disability.
Pain and Suffering
This is compensation for the physical pain and emotional distress caused by the dog attack. This can include anxiety, fear of dogs (cynophobia), and other psychological impacts.
Scarring and Disfigurement
Dog bites can cause permanent scars, especially on the face. You can be compensated for the visible disfigurement and the emotional impact of the scarring.
Property Damage
If the dog bite incident caused damage to your personal property, such as clothing or a cell phone, you may be able to recover these costs.
Steps to Take After a Dog Bite in South Carolina
If a dog has bitten you, here’s what you should do:
- Get to a safe place. Move away from the dog to prevent further injury.
- Get medical attention. See a doctor or go to the emergency room, especially for deep wounds, if the bleeding won’t stop, or if you are unsure of the dog’s vaccination status.
- Identify the dog and owner. If you can do so safely, get the owner’s name, address, and contact information. Also, try to get the dog’s vaccination history.
- Report the bite. Contact animal control or the police to file an official report. This creates a record of the incident and helps ensure the dog is checked for rabies.
- Document everything. Take photos of your injuries, the scene of the attack, and any torn clothing. Keep all medical records, bills, and receipts related to the bite. Write down everything you remember about the attack.
- Contact a dog bite lawyer. Speak with a lawyer who understands South Carolina dog bite laws. An attorney can help you with the claims process and dealing with insurance companies.
Contact an Experienced York Dog Bite Lawyer
The South Carolina dog bite laws can seem complex. Our team at Hunter | Everage understands the strict liability rules that apply in these cases. We know what it takes to build a strong case and hold the dog owner responsible for your injuries.
The dog bite laws in South Carolina are designed to protect victims, but a dog owner’s insurance company may still try to pay you as little as possible. We are prepared to fight for the compensation you deserve.
If you have been injured by a dog in York, contact our firm at 704-377-9157 to request a free consultation. We can review the details of your situation and explain how we can help you.