Your neighbor's normally friendly Labrador suddenly lunged at you and bit your arm when you popped by for a casual visit. Now, you're facing medical bills, time off work, and possibly plastic surgery for the scarring. Who will pay for these unexpected costs?
Our Anderson dog bite injury lawyers understand how traumatic these incidents can be. Most animal attack victims are surprised to learn that South Carolina homeowners insurance policies typically cover these types of injuries, providing a path to fair compensation without necessarily damaging relationships with neighbors or friends.
How South Carolina's Strict Liability Law Affects Dog Bite Claims
South Carolina has strong protections for dog bite victims that make homeowners insurance claims straightforward in most cases. Unlike some states that follow a "one bite rule," South Carolina has established a strict liability standard through statute.
Under South Carolina Code § 47-3-110, dog owners are automatically responsible when their pets injure someone, regardless of whether the dog had shown previous aggressive behavior. This means you don't have to prove the owner knew their dog was dangerous or that they were negligent in controlling the animal.
However, there are two notable exceptions to this strict liability rule. If you provoked the dog or were trespassing at the time of the attack, the owner may not be held responsible. This is why documentation of the circumstances surrounding the bite is crucial to securing fair dog bite settlements.
Homeowners Insurance Coverage for Dog Bite Injuries
Most standard homeowners insurance policies in South Carolina include two types of relevant dog bite insurance: personal liability coverage and medical payments coverage.
Personal liability coverage is the primary source of dog bite settlements. This insurance coverage typically ranges from $100,000 to $300,000, though some Anderson homeowners may have higher limits. This coverage helps pay for:
- Medical treatment. From emergency room visits to follow-up care, surgeries, and rehabilitation expenses, liability coverage can address both immediate and long-term medical needs resulting from the dog attack incident.
- Lost wages. If your injuries prevent you from working, the dog owner's liability insurance may compensate you for lost income during your recovery period.
- Pain and suffering. Beyond financial costs, dog bite settlements may include compensation for the physical pain and emotional trauma of the attack.
Medical payments coverage, sometimes called MedPay, is separate from liability coverage and typically has much lower limits of between $1,000 and $5,000. This dog bite insurance pays for immediate medical expenses regardless of fault.
Potential Issues With Homeowners Insurance Coverage
While homeowners insurance generally covers dog bites and similar animal attack incidents, there are situations where coverage might be limited or denied entirely.
Breed-Specific Exclusions and Limitations
Some insurance companies in South Carolina exclude coverage for dog breeds they consider high-risk, such as pit bulls, Rottweilers, and German Shepherds.
If you've been bitten by a dog whose breed is excluded from the owner's insurance policy, you may need to pursue other avenues for compensation, including the owner's separate pet liability policy, if they have one, or a direct claim against the owner.
Previous Bite History
Even if the dog's breed is covered, many homeowners insurance policies exclude or limit coverage for dogs with a history of aggression or previous bites. First-time incidents are usually covered without issue, while subsequent bites after an initial incident may not be covered.
Location of the Incident
South Carolina homeowners insurance should cover dog bites that occur both on and off the insured property.
On-property incidents may include when a delivery person is bitten while dropping off a package at someone's home in Anderson. Off-property incidents, like a dog bite that occurs at a public park or on a sidewalk, are usually covered as well, but it's important to verify this with the specific policy.
Filing a Dog Bite Claim Against Homeowners Insurance
If you've been bitten by someone's dog in Anderson or elsewhere in South Carolina, taking these specific steps will help ensure your personal injury claim is processed smoothly:
- Seek medical attention right away. Even seemingly minor dog bites can lead to serious infections. Medical documentation also creates an official record of your injuries.
- Report the incident to animal control. This creates an official record and ensures the dog's vaccination status is verified.
- Gather information from the dog owner. Get the owner's full name, address, phone number, and homeowners insurance information.
- Document everything. Keep detailed records of all medical visits, treatments, medications, and any expenses related to the bite.
- Notify the dog owner's insurance company. Submit a detailed claim that includes all documentation of the incident and your injuries.
- Be cautious with early settlement offers. Insurance companies often make quick, low offers hoping you'll accept before fully understanding the extent of your injuries.
The Value of Professional Legal Representation
Dog bite claims can be more complex than they initially appear, particularly when dealing with insurance companies that are primarily motivated to minimize payouts. An experienced Anderson personal injury lawyer can help:
- Determine the proper valuation of your claim. According to insurance industry data, the average dog bite claim nationally exceeds $50,000, but many factors can increase or decrease this amount based on your specific injuries.
- Navigate insurance exclusions and policy limits. Your attorney can identify all potential sources of recovery, especially if the primary homeowners policy has exclusions or insufficient limits.
- Handle all communication with adjusters. This relieves you of the stress of negotiating while ensuring your claim is presented effectively.
If you or a loved one has suffered a dog bite in Anderson or anywhere in South Carolina, contact an experienced personal injury lawyer who can guide you through the process of securing the compensation you deserve.