Imagine visiting a friend's apartment when the neighboring tenant leaves their aggressive dog loose in the common hallway, and it bites your leg. The dog’s owner bears primary responsibility, but what about the landlord who rented to them? A Spartanburg dog attack attorney can help you understand when property owners share liability for tenant-owned animals that injure others on their rental property.
South Carolina's strict liability dog bite statute makes dog owners and people who have a dog in their care or keeping automatically responsible when their dogs attack. Separately, landlords who know about dangerous dogs on their property and fail to act may face liability under premises liability and negligence principles.
South Carolina's Dog Bite Laws for Owners vs. Landlords
South Carolina imposes strict liability on dog owners and anyone who has a dog "in his care or keeping." This means if someone's dog bites you while you're lawfully on property and you didn't provoke the animal, the owner or keeper is automatically liable. There’s no need to prove the dog had a history of aggression. South Carolina law also creates limited defenses for trespassers, people who provoke the dog, and certain trained law enforcement dogs.
Landlords occupy a different legal position. Unless they personally care for a tenant's dog, like feeding and walking it while the tenant is away, they don't fall under the strict liability statute. Instead, landlord liability usually arises through premises liability and common-law negligence when they have knowledge of a dangerous dog and control over the property where the attack occurs, yet fail to take reasonable action.
When Can Landlords Be Held Liable for Tenant Dog Attacks?
To hold a landlord liable, you must show they had advance notice that the dog was dangerous and had the ability to control the premises or require the dog's removal. This could apply in common areas like hallways, parking lots, or shared yards that remain under the landlord's direct control.
Required Elements for Landlord Liability
South Carolina courts generally require proof of several elements before landlords face liability for tenant dog attacks:
- Knowledge of danger. The landlord had actual or constructive knowledge that the dog was dangerous through prior bites, aggressive incidents, animal control notices, or tenant complaints.
- Control over premises. The landlord had control over the common area where the attack occurred or the ability to require removal of the dog through lease clauses or eviction rights.
- Failure to act. The landlord failed to take reasonable steps, such as enforcing pet restrictions, repairing common-area fencing, or requiring the removal of a known dangerous dog.
Where the Attack Happens Matters
In South Carolina, landlords are most often held liable when a dog attack happens in areas they control. Attacks wholly inside a tenant's private unit, where the landlord has no day-to-day control, rarely support landlord liability claims unless the landlord had been notified of danger and had the legal right to act but failed to do so.
When Landlords Become Keepers
If a landlord goes beyond renting property and actually cares for the dog, they may be treated as a "keeper" of the dog and face strict liability under South Carolina's dog bite statute. Whether a landlord has become a "keeper" is ultimately a factual question for the jury. This distinction matters because strict liability requires no proof of prior knowledge or negligence.
Modified Joint and Several Liability in South Carolina
When multiple parties share fault for your injuries, South Carolina uses a modified joint and several liability system under Section 15-38-15. Each defendant is generally responsible for their percentage of fault. However, a defendant found more than 50% responsible can be held liable for the full amount of your damages.
This matters because dog owners may lack sufficient insurance or assets to fully compensate for serious injuries. Landlords often carry commercial general liability or landlord liability coverage, which may provide additional insurance for dog attack victims.
How Comparative Negligence Affects Your Claim
South Carolina follows a modified comparative negligence system. If you're 50% or less at fault, your compensation is reduced by your percentage of fault. If you're found 51% or more at fault, you can't recover compensation at all.
Defense attorneys often try to shift blame to victims, arguing that you provoked the dog, trespassed, or ignored warning signs. A Spartanburg dog attack attorney works to counter these tactics by documenting the landlord's knowledge, property conditions, and your lawful presence during the attack.
What to Do After a Dog Attack on Rental Property
The steps you take immediately after an animal attack affect both your health and your legal options.
Document Everything
Photograph your injuries, the attack location, any broken fences or faulty gates, and the dog itself if possible. Get witness contact information and written statements.
Seek Immediate Medical Attention
Dog bites carry serious infection risks. Medical records also document the extent of your injuries for your claim.
Report the Incident
File reports with animal control and law enforcement. Notify the landlord in writing about the attack.
Contact an Attorney Before Speaking With Insurers
The tenant's renters insurance and the landlord's property insurance will want statements from you. What you say can be used to reduce or deny your claim.
Compensation Available in Landlord Liability Cases
When landlords share responsibility for dog attacks, victims can pursue comprehensive compensation.
- Economic damages cover medical expenses, lost income, and other measurable financial losses.
- Non-economic damages compensate for pain and suffering, emotional distress, scarring and disfigurement, and loss of enjoyment of life.
- Punitive damages may apply in cases involving particularly reckless or willful conduct.