One Bite Too Many: A Look at South Carolina’s Dog Bite Law
You don’t want to be all bark and no bite — but you do want your dog to be.
Dogs send more than 300,000 Americans to the hospital every year. Most injuries are insignificant, but even a short hospitalization is inconvenient.
You can suffer from a dog bite at any moment. Luckily, laws are in place to protect you. But despite the risks, many people don’t know about dog bite laws in SC.
Here is a quick guide to South Carolina’s dog laws.
The Basics of Dog Bite Laws
In general, there are two main types of dog bite laws. Some states follow a “one-bite rule,” while others hold dog owners strictly liable for any injuries their pets cause.
What is the One-Bite Rule?
The “one-bite rule” states that an owner is not responsible for the first time their dog bites another person unless they were aware of the animal’s dangerous propensity. So, to hold an owner responsible for dog bite injuries, a victim must typically prove that the owner knew (or should’ve known) of their dog’s aggression.
The reasoning is that if the owner didn’t know that their dog was dangerous, they aren’t responsible if the animal randomly bites someone (the dog essentially gets one “free” bite).
Does South Carolina Follow the One-Bite Rule?
No, South Carolina does not follow the one-bite rule. The state now implements a strict liability law. In other words, a dog owner is liable if their dog bites someone, regardless of whether the dog has ever shown aggression in the past.
Title 47, Chapter 3 of the South Carolina Code of Laws regulates dog bites. If an attack occurs when the victim is in a public space or is lawfully in a private space, the owner is liable. So, even if your dog has always been gentle, you could be held responsible if it injures another person.
Do I Need to Have My Dog on a Leash in South Carolina?
Under South Carolina law, an owner must not allow their dog to run at large. Anyone who takes their dog to a public place must properly restrain the animal, such as by leash or carrier.
Different local laws may apply depending on which city you’re in. It’s important to check the applicable regulations to ensure compliance and avoid issues.
What is a Dangerous Dog?
In South Carolina, a “dangerous animal” includes any dog that is known to attack unprovoked, cause harm, or otherwise endanger others (including people and other domestic animals). This label has nothing to do with the dog’s breed but rather any aggressive tendencies it may have.
If your dog is dangerous, you must confine the animal. You should never let it run freely in public because it could lead to injuries and dog bite liability.
Any pen or run area on your property should be secure and marked with signs so that others know there is a dangerous animal. Having a “Dangerous Dog” sign can warn anyone who may attempt to enter your property.
Owners must register dangerous animals with their local law enforcement authority. They will receive a metal license tag and certificate of registration. Owners must also maintain liability insurance of at least $50,000 in case their dog attacks someone.
Defenses To a Dog Bite Injury Claim
Though laws are more favorable to victims, owners still have defenses. For example, if the victim provoked the dog, the owner will not be liable for any resulting injuries.
A person can provoke a dog in many different ways, including:
- Abusing, beating, or tormenting the dog
- Teasing the dog verbally
- Harassing the dog, such as by taking its food or water away
Additionally, if the victim was trespassing, the owner is generally not liable for damages. Note that the trespassing defense does not apply to people carrying out a legal duty, such as mail delivery.
Grounds for a Dog Bite Lawsuit
Millions of dog bites happen every year. If you are bitten, ask for the owner’s contact and insurance information. You should get medical attention immediately, even if your injuries seem minor.
Document everything about the attack. Take photos of your injuries and the attack site. Get witness testimonies from anyone who saw the incident or its aftermath, including first responders.
Contact a dog bite attorney as soon as possible. For your initial consultation, bring all relevant information, including medical records and photos. If your injuries and/or hospitalization were extensive, you may have grounds for a personal injury lawsuit.
Your lawyer can help you prove the elements of your case and seek compensation for your economic and non-economic damages.
Bite Back and Contact a Dog Bite Law Firm
Dog bites occur every day in the United States. Each state has its own dog bite law, and you should know South Carolina’s, just in case.
In South Carolina, an owner is liable for damages if the victim was lawfully on the property and did not provoke the dog. However, these cases can be complicated, so it’s important to get legal guidance.
If you were attacked, a South Carolina dog bite attorney can help you determine if you have a valid case.
Contact the South Carolina Dog Bite Lawyers At Elrod Pope Accident & Injury Attorneys For Help Today
For more information, contact Elrod Pope Accident & Injury Attorneys to schedule a free consultation with a dog bite lawyer in South Carolina.
We proudly serve York County, Lancaster County, and its surrounding areas in South Carolina:
Elrod Pope Accident & Injury Attorneys Rock Hill
212 E Black St, Rock Hill, SC 29730
(803) 324-7574
Open 24 hrs
Elrod Pope Accident & Injury Attorneys Lancaster
204 A S Main St, Lancaster, SC 29720
(803) 902-7065
Open 24hrs
Elrod Pope Accident & Injury Attorneys Fort Mill
1201 Carolina Pl Suite 102D, Fort Mill, SC 29708
(803) 902-4045
Open 24hrs
Elrod Pope Accident & Injury Attorneys Lake Wylie
264 Latitude Ln #102A, Lake Wylie, SC 29710
(803) 902-3608
Open 24hrs
We also proudly serve Mecklenburg County and its surrounding areas in North Carolina:
Elrod Pope Accident & Injury Attorneys Charlotte
1100 S Mint St #109, Charlotte, NC 28203
(980) 340-8620
Open 24hrs
