You're walking through a mall in Anderson when a large German Shepherd wearing a service vest suddenly lunges at you, knocking you to the ground and leaving deep bite wounds on your arm. The dog's handler apologizes, explaining that their service animal has never acted this way before. As you're rushed to the hospital, you wonder about your legal options.
Aggressive service animal attacks create unique legal situations that differ from typical dog bite cases. An experienced Anderson dog bite injury lawyer can help you understand how South Carolina law defines liability and what compensation might be available.
Service Animal Protections and Personal Injury Rights
Service animals receive significant legal protections under federal and state law, but these protections don't eliminate the handler's responsibility when their animal causes harm. The Americans with Disabilities Act defines service animals as dogs individually trained to perform tasks for people with disabilities. Under certain circumstances, miniature horses can also qualify as service animals.
The ADA requires service animals to remain under their handler's control at all times. If a service animal is not under control and the handler cannot regain control, businesses may remove the animal from the premises while still allowing the person to remain. However, removal doesn't eliminate the handler's liability for any injuries the animal caused.
These types of scenarios illustrate the balance courts must strike between protecting disability rights and compensating injury victims. Handlers can't use their disability or their animal's service status as a shield from responsibility when they fail to control dangerous behavior.
When Service Animal Handlers May Be Liable
South Carolina follows strict liability rules for dog attacks under Code Section 47-3-110. Dog owners are legally responsible for injuries their animals cause, regardless of the dog's previous behavior or the owner's knowledge of aggression. The law applies equally to service animals.
Handler's Duty of Control
Service animal handlers must maintain proper control over their animals in public spaces through appropriate leashes, harnesses, or voice commands.
Suppose Jared’s mobility service dog has shown increasing anxiety in crowded spaces. If Jared continues bringing the dog to busy locations without addressing these behavioral issues, and the dog attacks someone, he could face liability.
Provocation and Comparative Fault
South Carolina uses modified comparative negligence with a 51% bar rule. If you're found more than 50% at fault for provoking the attack, you cannot recover damages. However, provocation must be significant and intentional. Simply walking near or startling a service animal typically doesn't constitute provocation.
Establishing Liability in Service Animal Cases
Building a successful personal injury claim requires proving the handler failed to meet their duty of care. Strong cases need comprehensive documentation:
- Medical records detailing injuries and treatment
- Witness statements describing the attack and the handler's response
- Photos of injuries and the incident scene
- Animal control or police incident reports
- Evidence of the animal's service status and training history
Your Anderson personal injury lawyer will investigate whether the service animal had prior incidents or behavioral problems. Training records, veterinary records, and previous complaints can reveal patterns of aggression that the handler should have addressed.
Compensation Available for Service Animal Injuries
Victims can pursue the same damages available in other personal injury cases. The animal's service status doesn't limit your right to fair compensation.
Medical Expenses and Treatment Costs
Service animal attacks often cause significant injuries requiring:
- Emergency room treatment and surgery
- Physical therapy and rehabilitation
- Psychological counseling for trauma
- Prescription medications
- Future medical needs for permanent damage
Lost Income and Other Damages
Serious injuries can prevent you from working, either temporarily or permanently. You may recover:
- Wages lost during recovery
- Reduced earning capacity from permanent disabilities
- Physical pain and emotional trauma
- Loss of enjoyment in daily activities
- Permanent scarring or disfigurement
Insurance Coverage Considerations
Most service animal liability claims involve homeowner's or renter's insurance policies. However, coverage disputes may arise depending on policy language.
Breed restrictions and prior-bite exclusions are common in South Carolina homeowner and renter insurance policies. Many insurers exclude coverage for dogs with previous bite incidents or certain breeds deemed high-risk. While less common, some carriers have argued that working animals fall outside standard pet liability coverage, though this varies significantly by policy terms.
Your South Carolina dog bite lawyer must examine policy language carefully to identify all available coverage sources and challenge inappropriate claim denials.
Work With Strong Legal Representation
Aggressive service animal injury cases require lawyers who understand both disability rights law and personal injury litigation. These cases often involve multiple legal issues that benefit from early professional guidance.
An experienced Anderson personal injury lawyer will investigate all aspects of your case while respecting the important role service animals play in their handlers' lives. They'll work to secure fair compensation while avoiding unnecessary harm to legitimate service animal programs.
The sooner you contact legal counsel after a service animal attack, the better your lawyer can preserve evidence and protect your rights. Don't let the animal's service status discourage you from seeking the compensation you deserve for your injuries.