You were walking through your Anderson subdivision when a large dog jumped on you, knocking you to the ground. The fall resulted in a fractured wrist that required surgery. While the dog never bit you, the injury has left you unable to work and facing mounting medical bills. Many people don't realize that South Carolina law protects victims of all types of dog attack injuries, not just bites.
At Pracht Injury Lawyers, our South Carolina dog accident attorney regularly helps clients who have suffered injuries from dog knockdowns, chases, and other non-bite incidents. These cases often require specific evidence to establish liability. Understanding your rights under South Carolina's dog liability laws can help you recover compensation for medical expenses, lost wages, and pain and suffering.
South Carolina Dog Liability Law Covers Non-Bite Injuries
South Carolina has strict liability dog laws that protect victims regardless of how the injury occurred. Under South Carolina Code of Laws Section 47-3-110, dog owners are responsible when their pets cause injury, whether through biting, jumping, chasing, or other actions.
The law states that when a person is bitten or "otherwise attacked" by a dog, the owner is liable for the damages suffered. This broad language specifically covers non-bite dog injuries. South Carolina courts have consistently applied this protection to cases where dogs knock someone down or cause bicycle accidents.
For example, if you were riding your bike and a dog chased you, causing you to crash and break your collarbone, the dog's owner would be liable even though no bite occurred. Similarly, if a large dog jumped on your elderly mother while she was walking in Chris Taylor Memorial Park, causing her to fall and break her hip, the owner would be responsible for her medical care.
South Carolina doesn't have a "one bite law." Unlike some states that follow the "one bite rule," where owners are only liable after they know their dog has previously shown aggressive behavior, South Carolina follows a strict liability standard for dog-related injuries.
Common Types of Non-Bite Dog Injuries
Dog-related injuries extend far beyond bites. Understanding the various ways dogs can cause harm helps victims recognize when they may have a valid personal injury claim under South Carolina law.
Dog Knockdown Cases
Dog knockdown incidents often result in serious injuries, particularly for elderly individuals. When a dog jumps on or runs into a person, the force can cause the victim to fall suddenly.
These falls commonly result in broken hips, wrists, and arms as people try to catch themselves. Head injuries, including traumatic brain injuries, can occur when someone's head strikes the ground. Soft tissue injuries, such as torn ligaments, may also result from dog knockdowns.
Imagine walking to the store when your neighbor's unleashed Labrador jumps on you in a friendly manner. The impact can knock you down, breaking your hip and forcing you to get surgery and endure months of rehabilitation. Despite the dog's friendly intent, the owner is still liable under South Carolina law.
Dog Chase Incidents
Dogs that chase people can cause injuries without making any physical contact at all. These cases often involve victims who are running, cycling, or driving when a dog gives chase.
- Fall while running away. The sudden panic can cause people to trip or fall, resulting in scrapes, broken bones, or head injuries. Children may run into traffic when frightened by a dog.
- Crash while cycling. Cyclists may swerve dangerously or fall from their bikes when pursued by dogs. These bike accidents can cause road rash, broken collarbones, and traumatic brain injuries.
For instance, picture a delivery driver who was chased back to his vehicle by an aggressive dog. While quickly retreating, he tripped on a garden hose and tore his ACL. Even though the dog never touched him, he has the legal right to seek compensation from the homeowner's insurance policy.
Injuries from Startled Reactions
Sometimes, a dog doesn't need to chase or jump on someone to cause injury. Simply startling a person can lead to accidents and injuries.
- Sudden movements. A dog appearing suddenly on a path or lunging at a fence can startle pedestrians, causing them to jerk away and injure themselves.
- Fear responses. People with cynophobia (fear of dogs) may have extreme reactions to dogs, leading to falls, panic attacks, or other harmful responses.
If a leashed dog lunges at you from behind a short fence, causing you to fall backwards and suffer a wrist fracture, you may have a valid claim. Despite the dog staying in its yard, your injury would still be the direct result of the dog’s actions and, thus, the owner is still held liable.
Proving Liability in Non-Bite Dog Injury Cases
Establishing liability in dog-related injuries that don't involve bites requires gathering specific evidence. Working with an experienced Anderson personal injury lawyer improves your chances of building a strong case.
- Document the incident thoroughly. Take photos of the location, your injuries, and the dog if possible.
- Obtain contact information from witnesses. Their testimony can be crucial in establishing how the dog caused your injury.
- Report the incident to local animal control authorities. The resulting file creates an official record of the event.
- Seek immediate medical attention. Ensure that medical records clearly connect your injuries to the dog incident.
- Avoid social media. Insurance companies may leverage your social media activity out of context to undermine your claim.
If you were injured while legally on public property or on private property with permission, South Carolina law supports your claim. However, if you were trespassing or provoked the dog, the owner may have valid defenses.