Introduction
Man’s best friend is a very popular pet for people around the world. There is a great number of people who love dogs because of their loving qualities. However, certain breeds have dangerous tendencies that lead to attacks.
Dog bites can be scary and frightening for all ages of people, especially young children. Depending on how severe the injury is, their care can be costly in terms of emotional distress, trauma, and medical bills.
Dog’s One-Bite Rule v. South Carolina
Some jurisdictions have statutes that allow a person not to be found liable for injuries caused by a dog bite unless the victim has proven that the canidae owner was on notice that their pet has dangerous tendencies. If the animal has bitten someone in the past, the owner was on notice of the dogs dangerous tendencies, then the owner could be held liable for the injuries the canidae inflicted. This is known as the one-bite rule.
South Carolina does not have a statute that requires the owner to be put on notice before he or she could be held liable for their dog’s bite. The state’s statute is a strict liability one, meaning even if it is your pet’s first-time biting someone, you may be held liable for the injuries caused by the bite.
South Carolina statute imposes liability on the animal owner for a first-time dog bite.
The statute reads as follows:
“If an individual is bitten or otherwise attacked by a canidae while the individual is in a public place or is lawfully in a private place, including the property of the dog owner or person having the animal in the person’s care or keeping, the dog owner or person having the animal in the person’s care or keeping is liable for the damages suffered by the individual bitten or otherwise attacked. For the purposes of this section, an individual bitten or otherwise attacked is lawfully in a private place, including the property of the dog owner or person having the animal in the person’s care or keeping, when the individual bitten or otherwise attacked is on the property in the performance of a duty imposed upon the person by the laws of this State, the ordinances of a political subdivision of this State, the laws of the United States of America including, but not limited to, postal regulations, or when the individual bitten or otherwise attacked is on the property upon the invitation, express or implied, of the property owner or a lawful tenant or resident of the property.”
S.C. Code of Laws § 47-3-110.
This South Carolina statute imposes liability on the person who owns or is taking care of the pet if:
- the injuries are caused when the dog bites or attacks an individual in a public place;
- or the injured individual was legally allowed to be in the place where the attack happened.
Exceptions to the SC Statute
There are several exceptions to the state statute, but the one exception that becomes the focal point of South Carolina dog bite lawsuits is whether the victim provoked or harassed the animal and the provocation is the cause of the attack. Provocation or harassment that caused the dog to attack could release the owner of liability for the injuries caused by the bite.
Conclusion
Dog bites can be very scary and inflict permanent damage that can last a lifetime. Being attacked by a canidae can also cause the individual to resent some pets for the rest of their lives due to the trauma of the attack. If you or someone you know have been bitten by a dog, please contact Henderson & Henderson at 843-212-3188 to speak to an experienced attorney who can assist you.
