South Carolina enforces strict liability for dog bites, meaning dog owners are responsible for injuries caused by their pets, regardless of prior behavior. This law, outlined in S.C. Code Ann. § 47-3-110, ensures victims don’t need to prove the dog’s history of aggression or the owner’s negligence. However, there are exceptions: owners may not be liable if the victim was trespassing or provoked the dog.
Key points to know:
- Strict Liability: Owners are liable for dog-related injuries, even if the dog has no history of aggression.
- Exceptions: No liability if the victim trespassed or provoked the dog.
- Damages: Victims can claim medical costs, lost wages, pain, and suffering.
- Time Limit: Victims have 3 years to file a claim, with extensions for minors.
Understanding these laws protects both dog owners and victims, ensuring fair outcomes in dog bite cases.
Strict Liability for Dog Owners Under South Carolina Law
What Strict Liability Means for Dog Bites
South Carolina law takes a firm stance on dog-related injuries by applying strict liability under South Carolina Code § 47-3-110. This means that dog owners are held responsible for injuries caused by their dogs, regardless of whether they were negligent or aware of any dangerous behavior in their pet’s past. In other words, victims of dog bites – or other injuries caused by dogs – don’t need to prove the owner was at fault.
As Personal Injury Attorney Alexandria Tuttle explains:
"Strict liability means that dog owners are responsible for injuries caused by their dogs, regardless of whether the dog owners were at fault."
Strict liability doesn’t just apply to bites. If a dog causes harm in other ways, like jumping on someone, the owner can still be held liable. For instance, in the case of Elmore v. Ramos, the South Carolina Court of Appeals ruled that a dog owner was responsible when their dog jumped on someone, causing the person to fall and break their arm. The court emphasized that the dog’s intent didn’t matter – the owner was still accountable .
Interestingly, this responsibility isn’t limited to the dog’s legal owner. It also extends to anyone who has the dog in their "care or keeping." This includes dog-sitters, walkers, trainers, or even kennel workers who take temporary responsibility for the animal .
When Owners Are Held Liable
Strict liability applies in specific circumstances, such as when the victim is in a public space – like a park or sidewalk – or is lawfully on private property. A person is considered lawfully on private property if they were invited or were there to perform a legal duty, such as delivering mail, working on utilities, or carrying out law enforcement duties .
For example, in Spartanburg, a victim was attacked by two Chow Chows while on private property. The injuries were severe enough to require surgery and a three-day hospital stay. The court awarded the victim $6,850 to cover economic damages and $15,000 for pain and suffering.
This legal framework ensures that dog owners, and those temporarily responsible for dogs, are held accountable for the harm their animals cause, regardless of the circumstances.
Why South Carolina Doesn’t Follow the One-Bite Rule
South Carolina stands apart from states that follow the "one-bite rule" by enforcing strict liability for dog attacks from the first incident. This shift began with the Supreme Court case Hossenlopp v. Cannon, which led South Carolina to abandon the one-bite approach in 1985. The following year, the state enacted S.C. Code Ann. § 47-3-110, a law that holds dog owners strictly liable for attacks, making it easier for victims to seek justice.
Under this law, victims don’t need to prove the dog had a history of aggression or that the owner was aware of any dangerous tendencies. The focus is solely on whether the attack occurred while the victim was lawfully present. This approach eliminates the need to delve into a dog’s past behavior, whether the animal has a reputation for being gentle or was recently adopted.
South Carolina’s strict liability law reflects a commitment to protecting victims in a state where nearly 45% of households own at least one dog. Given that about 4.5 million dog bites occur across the U.S. annually – and around 800,000 of those require medical attention – this legal standard ensures victims can hold owners accountable without facing unnecessary hurdles.
When Dog Owners May Not Be Liable
Strict liability might apply in dog bite cases, but there are situations where the owner’s responsibility can be reduced or eliminated. These exceptions often hinge on the victim’s actions or legal status when the incident occurred.
Trespassing by the Victim
Dog owners are generally not held liable if the victim was trespassing at the time of the bite. The law only protects individuals who are in public areas or are lawfully present on private property.
People considered lawfully present include those performing official duties – like postal workers, delivery drivers, or process servers – or those invited onto the property. In contrast, trespassers, who are on the property without permission, are not covered under these protections. If a dog bites a trespasser, the owner typically won’t be held responsible.
Provocation of the Dog
According to S.C. Code Ann. § 47-3-110(B), owners are not liable if the victim provoked the dog and that provocation directly caused the attack:
"This section does not apply if, at the time the person is bitten or otherwise attacked: the person who was attacked provoked or harassed the dog and that provocation was the proximate cause of the attack."
Provocation can include actions like hitting, teasing, pulling, throwing objects at, or trapping the dog[4,8]. The critical question is whether the victim’s behavior directly led to the dog’s reaction. For example, if someone repeatedly pokes a dog with a stick and the dog bites in response, the owner is unlikely to be held liable since the victim’s actions triggered the incident.
Damages and Time Limits for Dog Bite Claims
What Damages Victims Can Recover
If you’ve been bitten by a dog, you may be entitled to recover both economic damages and non-economic damages. Economic damages cover tangible financial losses, like:
- Medical expenses (including surgeries, medications, and therapy)
- Lost wages if you’re unable to work
- Reduced earning capacity if the injury affects your ability to earn in the future
Non-economic damages, on the other hand, address the emotional and physical toll of the incident. These can include compensation for physical pain, emotional trauma, PTSD, fear of dogs (cynophobia), and permanent scarring or disfigurement. Injuries that leave visible scars, particularly on the face, can lead to higher compensation because of their impact on self-esteem and social relationships.
Additionally, victims may seek reimbursement for damaged personal property, such as torn clothing, broken eyeglasses, or a damaged watch. In some cases, punitive damages might also be awarded. These are meant to punish the dog owner if their behavior was especially reckless or intentional – like knowingly failing to restrain a dangerous dog.
It’s worth noting that many homeowners’ insurance policies include liability coverage for dog bites, with typical limits ranging from $100,000 to $300,000.
Deadlines for Filing a Dog Bite Claim
Understanding the types of damages you can recover is crucial, but acting quickly is just as important. In South Carolina, you have three years from the date of the attack to file a lawsuit against the dog owner. Missing this deadline usually means your case will be dismissed, leaving you unable to recover any damages.
For minors under 18, the statute of limitations is extended. The clock doesn’t start until the child turns 18, giving them additional time to address potential long-term effects. In rare cases, the timeline might also be adjusted if the full extent of an injury – like a latent infection or an emerging disability – becomes apparent later.
Starting the legal process early ensures that evidence is preserved and witnesses’ memories remain fresh, which can be critical to building a strong case.
Key Points About South Carolina Dog Bite Laws
South Carolina’s dog bite laws hold owners strictly liable for their dogs’ actions, meaning there’s no “one-bite rule” in the state. Victims don’t need to show that the owner was negligent or that the dog had a history of aggression – liability applies from the very first incident.
However, there are two key exceptions that might protect dog owners from liability. First, if the victim was trespassing on private property without permission, the owner may not be held responsible. Second, if the dog was provoked through actions like teasing, harassment, or abuse, liability may not apply. Police dogs actively performing official duties are also treated differently under the law. These details make it crucial to act quickly after an attack to address any legal complexities.
The seriousness of dog attacks in South Carolina is underscored by its ranking among the top 10 states for fatal dog attacks. Such incidents often carry significant financial consequences for both victims and dog owners.
Because disputes over issues like provocation or trespassing can arise, contacting a personal injury attorney right away is vital. Acting promptly also helps preserve evidence, especially given the statute of limitations that limits how long victims have to file a claim.
FAQs
Who is considered a dog’s “keeper” besides the owner?
A dog’s "keeper" refers to anyone tasked with its care or control. This could mean a regular caretaker or even someone temporarily responsible, like a person watching or housing the dog for a short time.
What evidence helps prove provocation or trespassing?
Under South Carolina law, certain actions like taunting, teasing, or abusing a dog – for example, poking a stick through a fence – can be considered evidence of provocation. Similarly, trespassing, which involves unlawfully entering private property without permission, is another factor that can impact liability. These actions may reduce or even eliminate a dog owner’s responsibility in cases involving injuries caused by their dog.
Will homeowners insurance cover a South Carolina dog bite claim?
Most homeowners insurance policies in South Carolina typically include coverage for dog bite injuries. This aligns with the state’s strict liability law, which makes dog owners responsible for bites, regardless of whether the dog has shown aggressive behavior in the past. However, there are exceptions – coverage might not apply if the person bitten provoked the dog or was trespassing at the time. It’s always a good idea to review your insurance policy to understand the specific terms and any exclusions.