Dog bites can cause serious injuries, from deep puncture wounds and nerve damage to permanent scarring. They also happen more often than most people expect, including right here in the Upstate. If you or your child has been bitten by a dog, then understanding South Carolina’s dog bite laws can help you figure out who is responsible and what compensation you may be entitled to.
South Carolina’s Dog Bite Statute, Explained
South Carolina follows a strict liability rule for dog bites, codified at S.C. Code § 47-3-110. Under this statute, if a person is bitten or otherwise attacked by a dog while lawfully in a public place, or lawfully on private property, then the dog’s owner, or any person keeping or harboring the dog at the time, is liable for the resulting damages, regardless of whether they had notice that the dog had a propensity to bite.
Strict liability is a significant advantage for injury victims. It means you don’t have to prove the owner knew, or should have known, that their dog was dangerous. Some states follow a “one-bite rule,” which requires victims to show the owner had prior knowledge of the dog’s aggressive tendencies. South Carolina does away with that requirement entirely. Even if a dog has never bitten anyone before, its owners or handlers can still be held liable the first time it happens.
Who Can Be Held Liable for a Dog Bite in South Carolina?
Liability under the law extends beyond just the dog’s legal owner. Anyone who has the dog in their care or keeping at the time of the attack, such as a dog sitter, a family member watching the animal, or, under certain circumstances, a landlord who allowed a known dangerous dog on the property, can potentially be held responsible. This matters in situations where the bite happens while the dog is being boarded, walked by someone other than its owner, or kept at a rental property.
There are limits to this liability, however. The statute doesn’t apply if the injured person was trespassing at the time of the attack, and it doesn’t apply if the victim provoked the dog and that provocation caused the attack. Invited guests, delivery workers, mail carriers, and anyone with a lawful reason to be on the property are still covered by the strict liability rule, even if the bite occurred on private property, such as the dog’s home.
South Carolina’s “Dangerous Animal” Rules
Beyond the general dog bite statute, South Carolina law also addresses dogs that are formally classified as “dangerous animals.” A dog can be designated dangerous if it makes an unprovoked attack causing bodily injury outside of a secured area, has a demonstrated tendency to attack people or pets without provocation, or engages in threatening behavior, like lunging or snarling, that would lead a reasonable person to believe an attack is imminent. Importantly, a dog cannot be classified as dangerous solely because of its breed. Once a dog is designated dangerous, its owner faces additional legal obligations regarding containment and control, and a violation of those obligations can support a separate negligence claim.
Get Prompt Medical Attention After a Dog Bite?
Dog bites often require more medical attention than people expect. Because a dog’s mouth carries bacteria that can lead to serious infections, even a seemingly minor bite may require wound cleaning, antibiotics, a tetanus shot, or rabies shots if it cannot be determined whether the dog was up-to-date with its rabies vaccines. In more serious cases, dog bites may require stitches, reconstructive surgery, or treatment for nerve or tendon damage. Getting prompt medical treatment isn’t just important for your health–it also creates a medical record that documents the extent of your injuries and directly supports your claim.
What You Can Recover After a Dog Bite in South Carolina
Under South Carolina’s dog bite law, victims may be entitled to compensation for medical expenses, including future treatment or reconstructive procedures, lost wages if the injury kept the victim out of work, pain and suffering, scarring and disfigurement, and, in cases involving a child, potential long-term psychological effects like a fear of dogs. The value of a claim depends heavily on the severity of the injury, whether surgery or ongoing treatment is needed, and whether visible scarring will remain.
Does Homeowners Insurance Cover Dog Bite Claims?
In most cases, yes. Dog bite liability claims are typically covered under a homeowner’s or renter’s insurance policy, up to the policy’s liability limits. This is actually good news for victims, since it means there’s usually a source of insurance available to pay a claim, rather than relying solely on the dog owner’s personal assets. That said, some insurers exclude certain breeds from coverage, or the homeowner may not have insurance at all, which can complicate recovery and make it more important to identify every possible source of compensation.
Steps to Take After a Dog Bite in South Carolina
If you are re bitten by a dog, try to get the owner’s name, address, and contact information, along with proof of the dog’s rabies vaccination if possible. Photograph your injuries and the scene, seek medical attention promptly, and report the bite to local animal control, since an official report can become important evidence later. Avoid giving a recorded statement to any insurance company before speaking with an attorney, and keep records of all medical treatment and related expenses.
How a Greenville Dog Bite Lawyer Can Help
At David R. Price, Jr., P.A., our attorneys help dog bite victims throughout Greenville and the surrounding Upstate identify who is liable for their injuries, pursue any homeowner’s or renter’s insurance policy that may apply, and build a claim that accounts for the full extent of the injury, including long-term scarring or emotional effects that are easy for an insurance adjuster to minimize.
Contact Our Team Today for Help
If you or a family member has been bitten by a dog anywhere in Upstate South Carolina, including, but not limited to, Greenville, Spartanburg, Anderson, Pickens, or Oconee Counties, including zip codes like 29601, 29607, or 29609, don’t wait to get answers about your legal options. Contact David R. Price, Jr., P.A. today for a free, no-obligation consultation.