The German Shepherd next door has already bitten two children in your Anderson neighborhood this month. Despite multiple complaints to animal control, the dog remains with its owner. You're wondering if there's any legal way to have this dangerous animal removed before someone else gets seriously hurt.
South Carolina law provides mechanisms for removing dangerous dogs from neighborhoods, but only under specific circumstances. At Pracht Injury Lawyers, our Anderson dog bite injury lawyers help animal attack victims understand their rights and the legal options available when dangerous pets threaten community safety.
When South Carolina Law Allows Dangerous Dog Removal
South Carolina Code Section 47-3-750 gives law enforcement and animal control officers authority to remove dangerous dogs under certain conditions. The law recognizes that some situations require immediate intervention to protect public safety.
Court-Ordered Seizure and Impoundment
Animal control officers can petition the court for permission to seize and impound a dangerous dog when they have probable cause to believe the animal is being harbored in violation of South Carolina's dangerous dog laws. This typically occurs when owners fail to properly confine their dangerous animals as required by Section 47-3-720.
Imagine that Maria's pit bull has attacked three different joggers in her Greenville subdivision over a period of six months. Despite multiple citations, Maria continues to allow the dog to roam freely in her unfenced yard. Animal control officers could petition the court to remove the dog while criminal charges are pending.
Immediate Seizure for Public Safety
When a dangerous dog poses an immediate threat, officers don't always need a court order first. Section 47-3-750 allows immediate seizure when officers have probable cause to believe a dangerous dog violates Section 47-3-730, which requires dangerous dogs to be safely restrained when off their owner's premises.
For example, say a Rottweiler with a history of aggressive behavior escapes from its owner’s yard onto a nearby Charleston elementary school playground during recess. Animal control officers can immediately seize this dog without waiting for a court order because it violates the law requiring dangerous dogs to be safely restrained when off their owner's property.
What Makes a Dog "Dangerous" Under South Carolina Law
Before authorities can remove a dog, it must first be classified as "dangerous" under South Carolina Code Section 47-3-710. This legal definition requires specific criteria beyond simply being aggressive or mean.
Legal Definition Requirements
A dog qualifies as dangerous when it meets one of three specific criteria.
- The owner knows or should reasonably know the dog has a propensity to attack unprovoked, cause injury, or endanger humans or domestic animals.
- The dog makes an unprovoked attack, causing bodily injury to a human in a place other than where it's required to be confined.
- The dog commits unprovoked acts that cause a reasonable person to believe it will attack and cause bodily injury.
Dogs owned primarily for fighting or trained for fighting purposes also qualify. However, dogs used exclusively for agricultural purposes or those attacking trespassers are excluded from this classification.
Documentation and Evidence Requirements
Animal control officers must have substantial evidence, including witness statements, medical records from dog bite victims, photographs of injuries, and police incident reports.
Consider a Great Dane in Spartanburg who has bitten four different delivery drivers over two years with documented police reports, medical treatment, and witness statements. It would likely qualify as a dangerous dog under South Carolina law.
The Legal Process for Removal of a Dangerous Dog
Animal control officers begin by investigating complaints and gathering evidence of dangerous behavior through witness interviews, medical records, and incident reports. Once officers have sufficient evidence, they can petition the court for a seizure order.
The dog owner has the right to contest this petition and present evidence that their animal doesn't qualify as dangerous or that they've taken adequate precautions. The court must weigh public safety against property rights.
When authorities successfully remove a dangerous dog, they are held in animal control facilities while court cases proceed, with owners required to pay for the animal's care. Owners might regain possession if they demonstrate they've addressed the conditions that made the dog dangerous, such as installing proper fencing or completing training programs.
If the court determines the dog poses a continuing threat, permanent solutions may be ordered. The dog might be relocated to a suitable facility outside the community, transferred to someone capable of properly managing a dangerous animal, or, in extreme cases, humanely euthanized.
Your Rights as a South Carolina Dog Bite Victim
Being injured by a dangerous dog that remains in your neighborhood can be frustrating and frightening. Every dog bite or aggressive incident should be reported to local animal control authorities immediately. These reports create the documentation pattern necessary for dangerous dog classification and potential removal.
Your reports contribute to the evidence file that authorities use when deciding whether to pursue dangerous dog proceedings. Even if your individual incident doesn't result in immediate action, it becomes part of the larger pattern that may eventually lead to removal.
South Carolina's strict liability dog bite law means you can seek compensation from the dog owner regardless of whether the animal is eventually removed from the neighborhood. You don't need to wait for dangerous dog proceedings to conclude before filing a personal injury claim.