In South Carolina, dog bite claims – especially those on private property – involve specific legal nuances affecting a victim’s right to recover damages. The state’s laws are relatively favorable to victims, but liability is not automatic in every case. 
Strict Liability for Dog Bites in South Carolina
A dog owner is liable for injuries caused by their dog, regardless of whether the dog had previously shown vicious tendencies, as long as the victim was lawfully present and did not provoke the dog.
Key Legal Considerations in Dog Bite Claims on Private Property
1. Lawful Presence: Was the Victim Legally on the Property?
The victim must have been lawfully on the property. Someone who is lawfully on the property may be a guest or invitee, a delivery person or utility worker, or a tenant or tenant’s guest. The strict liability statute generally does not apply if the injured party was a trespasser, though negligence claims may still be possible.
2. Owner vs. Keeper: Who Can Be Held Responsible for the Dog?
Depending on the situation, strict liability can extend beyond the owner to someone who has custody or control over the dog. For example, a dog sitter or a property manager may be held liable for a dog bite under the right circumstances.
3. Provocation: Did the Victim Provoke the Dog?
If the dog was provoked, the owner may not be held liable. Provocation may include teasing the dog, attacking the dog, or tormenting the dog. This may also be used to defend a dog bite claim in South Carolina.
4. Landlord Liability: Is the Property Owner Responsible?
A landlord is generally not liable for a tenant’s dog unless the landlord knew the dog was dangerous and had control over the premises (common areas). Otherwise, liability rests with the tenant-dog owner.
Negligence Claims in Dog Bite Cases
If the strict liability statute does not apply, an injured party may be able to pursue a claim under general negligence. To be successful in this type of claim, the injured party would need to prove the dog owner or custodian failed to take reasonable steps to control the dog and that this failure caused the injury.
What Compensation Can Dog Bite Victims Recover?
Victims may be entitled to damages for:
- Medical expenses
- Lost income
- Pain and suffering
- Emotional distress
- Permanent scarring or disability
Injured by a Dog Bite on Private Property? Contact Us Today
If you or a loved one has suffered a dog bite injury, contact Pracht Injury Lawyers, LLP. Our experienced team is ready to protect your rights and pursue the compensation you deserve.