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Johnathan MUnderstanding Dog Bite Liability in South Carolina
South Carolina enforces strict liability for dog bites. According to S.C. Code § 47-3-110, a dog owner is legally responsible for injuries their dog causes, regardless of the animal’s previous behavior.
There’s no “one bite rule” here. You don’t need to prove the owner knew their dog was dangerous. There’s no requirement to show a history of past attacks. If a dog bites you, the owner is liable.
The law applies to attacks in public places or while you’re lawfully on private property, such as sidewalks, parks, parking lots, and neighbors’ homes. If you had the right to be there, the owner is liable.
If you’re unsure about your situation, it helps to consult a local attorney experienced in these cases in Greenville County.
Common Situations That Lead to Dog Bites
Dog bites and attacks can happen in various ways. Recognizing how they occur underscores the importance of South Carolina’s strict liability rule.
Unfenced or poorly secured yards. Dogs that escape through broken gates or inadequate fences can attack pedestrians, postal carriers, or neighbor children without warning. This often involves negligent property management and upkeep when a landlord or property owner ignores known hazards.
Poorly controlled leash handling. Even a leashed dog can bite if the owner isn’t attentive. Weak grips, retractable leashes, or distracted handling can all contribute.
Delivery and service workers. Letter carriers, food delivery drivers, and utility workers frequently become victims. They enter private property as part of their job, ensuring their lawful presence and protection under the statute.
Children approached by strange dogs. Kids are often the most common victims. They’re at eye level with larger dogs, move unpredictably, and might not recognize danger signs. Children can suffer severe disfiguring injuries from attacks.
Neighborhood and apartment complex dogs. Multi-family housing poses risks when managers fail to enforce no-dangerous-dog policies or allow aggressive animals without restrictions.
Injuries From Dog Attacks
Dog attacks can lead to a variety of injuries, some of which heal quickly while others require surgery, cause permanent scars, or result in lasting psychological trauma.
Puncture wounds and lacerations. Dogs can have significant bite force. Even smaller dogs can cause deep punctures, damaging underlying tissue and risking serious infection.
Scarring and disfigurement. Bites to the face, neck, and arms are prevalent. They can leave visible scars, necessitating reconstructive or plastic surgery. Even after surgery, permanent disfigurement may occur.
Infections. Dog bites can introduce bacteria deep into tissue, escalating quickly without proper treatment. Though rare in domestic dogs, rabies exposure must be assessed immediately, requiring post-exposure injections if vaccination status is unknown.
Nerve damage. Deep bites can sever nerves, causing numbness, weakness, or loss of function in the affected area.
Broken bones. Large dogs knocking a person down can cause fractures, especially in older adults or children. Attempting to break a fall often results in wrist and arm fractures.
Emotional trauma and PTSD. Fear of dogs, anxiety, nightmares, and post-traumatic stress are real injuries. Children who experience severe attacks may need counseling and could have long-term behavioral changes.
These injuries entail actual costs: emergency care, hospitalization, surgeries, physical therapy, lost income, and significant pain and suffering.
South Carolina Dog Bite Law: What You Need to Know
Strict Liability: No History Required
Under S.C. Code § 47-3-110, liability attaches at the moment of the bite. There’s no need to investigate the dog’s past. One incident suffices.
Where the Law Applies
The statute covers attacks in public and on private property when you’re there lawfully. Visiting someone, making a delivery, or being on any property you have the right to be on offers protection.
Possible Defenses
Dog bite cases can be complex. Owners and their insurers might try to reduce or eliminate what they owe you. Common defenses include:
Provocation. If the owner can demonstrate that you taunted, harassed, or provoked the dog, it could reduce your recovery. South Carolina’s modified comparative negligence rules under S.C. Code Ann. § 15-38-15 allow your damages to be reduced by your percentage of fault. If you’re less than 51% at fault, you can still recover. If 51% or more, you cannot.
Trespassing. The strict liability statute does not apply to trespassers. Lawful presence during the attack is required.
Law enforcement dogs. Dogs on duty with law enforcement are generally exempt.
Statute of Limitations
You have three years from the date of the attack to file a personal injury claim in South Carolina under § 15-3-530. While three years might seem lengthy, evidence fades, witnesses become harder to locate, and insurance companies respond more promptly to early claims. Don’t delay.
Homeowner’s Insurance
Most dog bite claims are paid via the dog owner’s homeowner’s insurance policy. Policies with $300,000 to $500,000 in liability coverage are typical, and those funds can cover your medical bills, lost wages, scarring damages, and pain and suffering.
Greenville County Animal Control
If bitten in Greenville County, report the attack to Greenville County Animal Control. They have the authority to investigate dangerous dog incidents and can issue a dangerous dog declaration, creating an official record that may affect future liability if the dog attacks again.
What to Do After a Dog Bite in Greenville
The steps you take after a dog attack can greatly influence your case.
Get medical attention immediately. Even if the wound seems minor, dog bite punctures need prompt treatment to prevent infection. Visit Prisma Health or another Greenville emergency facility right away.
Report the attack to animal control. Contact Greenville County Animal Control to file a report. Keep a copy of the report number for your records.
Document your injuries. Photograph your wounds before cleaning and bandaging. Continue to document as they heal.
Get the owner’s information. Collect the dog owner’s name, address, and phone number. If possible, ask for proof of the dog’s vaccinations safely.
Identify witnesses. If anyone saw the attack, obtain their names and contact information while details are fresh.
Keep all medical records and bills. Each treatment, prescription, and follow-up visit evidences the damages owed to you.
Contact an attorney before speaking with the insurance company. The owner’s insurer may contact you quickly. You’re not obliged to give a recorded statement, and doing so without legal advice can harm your claim.
How John Crangle Can Help
John Crangle provides representation for dog bite victims throughout Greenville County and nearby areas, including Simpsonville, Mauldin, Greer, Easley, Travelers Rest, Anderson, and Spartanburg.
When you work with John, he manages every part of your claim, allowing you to focus on recovering. This involves gathering evidence, documenting your injuries, communicating with the dog’s insurer, and fighting for full compensation if the insurer refuses a fair settlement.
Dog bite cases often have serious, long-lasting consequences. Scarring and disfigurement aren’t just medical concerns; they affect your appearance, self-esteem, and daily interactions. John takes these damages seriously, seeking compensation that reflects the full impact of your experience.
Don’t risk running out of time or accepting an insurance company’s low offer. Get a free case review now to see where you stand.