Your normally peaceful Anderson subdivision erupts with the sounds of growling and screaming. A neighbor's dog has broken free from its leash and attacked a delivery person, causing serious injuries that require immediate medical attention. As the ambulance pulls away, you wonder what happens next. Who's responsible for the medical bills and other damages?
In South Carolina, the answer is clear-cut, thanks to our state's strict liability laws for dog owners. Unlike some states that follow a "one-bite rule," South Carolina holds dog owners accountable even if their pet has never shown aggressive behavior before. If you're facing a similar situation, an experienced Anderson dog bite lawyer can help protect your rights.
How South Carolina's Dog Bite Statute Works
South Carolina Code § 47-3-110 establishes a straightforward approach to dog bite liability. The law states that when a person is bitten or otherwise injured by a dog, the dog's owner or person keeping or harboring the dog is liable for damages suffered by the person bitten or otherwise attacked. The South Carolina dog bite statute follows a strict liability standard.
- No prior knowledge is required. The dog owner doesn't need to know their dog is dangerous or has aggressive tendencies. Even if a golden retriever has been friendly for years but suddenly bites someone, the owner is still liable under South Carolina law.
- No negligence is needed. The injured person doesn't have to prove the dog owner was careless or negligent in controlling their animal. If a dog escapes through a hole in the fence that the owner didn't know existed and bites a child walking by, the owner is still responsible for the resulting injuries.
- All dog-related injuries are covered. The law applies not just to bites but also to other injuries caused by dogs. If a large dog jumps on an elderly person, causing them to fall and break a hip, the owner is liable even though no bite occurred.
Who Can Be Held Liable for Dog Bite Injuries
The primary responsibility falls on the person who legally owns the dog. When Mrs. Smith's terrier bites a delivery person dropping off a package, she bears responsibility as the dog's owner regardless of whether she is present.
However, South Carolina dog bite liability extends beyond just the legal owner of the animal. Other parties who may be held responsible for damages include:
- Caretakers and handlers. People temporarily in charge of the dog, such as dog walkers, pet sitters, or groomers, may face liability if the dog injures someone while under their care.
- Parents of minors. If a child under 18 owns a dog that causes injury, the parents can be held liable. When 10-year-old Tommy's puppy bites the neighbor's child, Tommy's parents will be responsible for the resulting medical bills.
- Property owners. Those who knowingly permit dogs to remain on their property may share liability if they're aware of the dog's dangerous tendencies.
Limited Defenses Available to Dog Owners
While South Carolina's dog bite law is strict, it does provide some specific defenses for dog owners.
Provocation
If the injured person provoked the dog through teasing, tormenting, or abusing it, the pet owner may have a valid defense. However, courts analyze provocation carefully, especially when children are involved.
Trespassing
If the injured person was illegally on private property where the dog was kept, the owner may avoid premises liability. This defense doesn't apply to individuals who have legitimate reasons to be on the property, such as mail carriers or invited guests.
Comparative Negligence
South Carolina follows modified comparative negligence rules, which means if the injured person was partially responsible for their injuries, their compensation may be reduced. If they're found more than 50% at fault, they cannot recover damages at all.
Important Steps to Take After a Dog Bite Incident
Whether you're the victim of a dog bite or the owner of the dog involved, taking appropriate actions immediately after an incident is crucial:
- Seek medical attention. Dog bites can cause serious infections, nerve damage, and scarring. Even seemingly minor bites should be evaluated by a healthcare professional.
- Report the incident. Contact local animal control or law enforcement to file an official report. This creates a record of the incident and may trigger required quarantine procedures.
- Document everything. Take photos of injuries, the location where the incident occurred, and the dog if possible. Keep a journal documenting pain levels and how the injury affects daily activities.
Types of Compensation Available for Dog Bite Victims
If you've been injured by someone else's dog in South Carolina, you may be entitled to several types of compensation:
- Medical expenses. This includes emergency treatment, surgeries, hospitalization, medications, physical therapy, and future medical care related to the injury.
- Lost income. If your injuries prevent you from working, you can seek compensation for lost wages and diminished earning capacity.
- Pain and suffering. These non-economic damages compensate for physical pain and emotional distress. Many dog bite victims develop long-term fears or phobias related to dogs after an attack.
- Disfigurement. Dog bites often leave permanent scars, especially on visible areas like the face or arms, which can impact self-esteem and quality of life.
Insurance Coverage for Dog Bite Claims
Most dog bite claims are covered by insurance policies, though coverage can vary. Some policies exclude coverage for certain breeds considered high-risk, such as pit bulls or Rottweilers. The three most common insurance policies that cover dog bite damages are:
- Homeowners insurance. Most homeowners' policies include personal liability coverage that applies to dog bites that occur on the owner's property or sometimes elsewhere.
- Renters insurance. Similar to homeowners insurance, many renters policies include liability coverage for dog bites.
- Animal liability insurance. Some dog owners, particularly those with breeds often excluded from standard policies, purchase specialized animal liability coverage.
If you've been injured by a dog in Anderson or elsewhere in South Carolina, contact a personal injury lawyer who understands the nuances of our state's dog bite laws. With professional legal guidance, you can focus on recovery while your attorney handles the legal process of securing fair compensation for your injuries.