South Carolina Dog Bite Laws
Unfortunately, dog bites are quite common. Over 4.5 million U.S. citizens get bitten every year, many of them postal workers. In 2023, over 5,800 U.S. Postal Service employees suffered dog bites. This was a significant increase from 2022’s record of 5,300 cases.
Children are the most common bite victims. In May 2023, a three-year-old in Charleston sustained head injuries after being attacked by a dog whose owner “lost control” while on a dog walk. A motorcyclist in Oconee County fortunately survived an attack by four dogs that were left unleashed.
Dog bite victims can suffer severe injuries, resulting in substantial medical expenses and life changes. They don't have to go through these devastating consequences alone. South Carolina laws make dog owners accountable for the damage and allow injury victims to recover compensation.
This article discusses the basic concepts of South Carolina’s dog bite laws, such as the owner's strict liability, elements to prove to receive compensation, and potential counterclaims that the owner can make against the victim.
Dog Owner Responsibilities in South Carolina
South Carolina Code of Laws Section 47-5-20 defines an owner as the individual who:
Has property rights over the pet; or
Acts as the pet’s custodian, harbors or keeps the pet, or
Allows the pet to remain on their premises.
When it comes to dog-owning responsibilities, the state has several mandates:
Breed-Specific Legislation in South Carolina
South Carolina Code Section 47-3-710(C) states that no animal shall be considered “dangerous” just because of its breed; therefore, the state does not ban any dog breed. However, municipalities are allowed to enforce breed-specific restrictions and requirements.
Both the town of Ware Shoals and the city of Dillon consider pit bulls dangerous. Pit bull owners in these municipalities must register their dogs and pay a fee every year to be able to keep them. Ware Shoals also requires pit bull owners to have liability insurance coverage of $100,000.
Meanwhile, Beaufort County tags pit bulls as “restricted” and requires them to be neutered/spayed at four months old. The city of Travelers Rest considers any pit bull, Rottweiler, Chow Chow, or Doberman Pinscher “vicious” and mandates owners to confine them in a fenced enclosure at least six feet high.
Liability Standards in South Carolina Dog Bite Cases
Strict Liability
South Carolina uses the strict liability standard under Section 47-3-110 when evaluating accountability for dog attack cases. This standard makes the dog owner liable for any physical injury or property damage their dog causes, regardless of whether the dog has no history of aggression or even if the owner was not negligent in handling the dog.
To receive compensation, dog bite victims only need to prove that:
The dog attack caused their injuries.
They did not provoke the dog to attack.
They were not trespassing and were lawfully in the area where the attack happened.
Landlord Liability
In some cases, a dog bite victim may also sue a landlord on the grounds of common law negligence. The landlord is liable for a dog attack if:
It occurred in a common area they are responsible for.
The landlord had prior knowledge of the dog’s dangerous tendencies.
They did not take action to prevent a dog attack.
If the attack happened within the dog owner’s rented property, the landlord will not be liable.
Defenses
There are two defenses against strict liability: provocation and trespassing. The owner will not be liable for damages if the attack resulted from the victim provoking or harassing the dog.
Trespassers who had no express or implied consent to be on the premises are also barred from claiming damages for a dog bite.
Police Dog Bites
Generally, the strict liability standard does not apply if the attack occurred while the police dog and its handler were performing official duties.
However, there are some situations when the police unit may be liable for a dog attack, including:
When the victim was a third-party bystander.
When the dog did not have the required certificate of training.
When the dog’s or handler’s action constituted “excessive force.”
Victims of police dog bites usually sue under 42 U.S. Code Section 1983 or the South Carolina Torts Claims Act. It is best to consult a dog bite attorney first, as suing the police involves additional complexities.
Statute of Limitations in South Carolina for Dog Bite Cases
For dog bite cases, you have three years from the date the dog attack occurred, according to South Carolina Code Section 15-3-530.
It may seem like you have a lot of time to file your case, but consider that it also takes time to conduct a full investigation and gather evidence for the lawsuit. It is recommended to work with a dog attack attorney to ensure your case is filed within the statute of limitations. Filing your case beyond the three-year deadline may result in dismissal.
Civil Penalties for Dog Bites in South Carolina
The liable dog owner in a dog bite case will be made to pay compensatory damages to the victim.
Economic losses are financial costs like medical expenses, property damages, and lost income. Non-economic damages account for non-calculable losses like pain and suffering, reduced quality of life, and psychological distress.
If the dog owner/handler acted recklessly or intentionally had the dog attack the victim, the court may require punitive damages to be paid.
If the dog owner has liability insurance, which is usually included in homeowners’ insurance policies, the compensatory damages may be settled with the victim through the insurer. Dog bite settlements in South Carolina range from $60,000 to $225,000.
Criminal Penalties for Dog Bites in South Carolina
In some cases, the dog owner not only has to pay civil damages to the victim but may also face fines and imprisonment. These cases commonly involve dogs that were unrestrained or running at large when the attack occurred, or a dog that was already tagged as dangerous by the authorities.
Reporting and Handling Dog Bite Incidents
Under South Carolina Code of Laws Section 47-5-90, medical providers are required to report any dog bite injury they treat by the end of the following working day. The report must be made to the county health department.
If the bite victim did not seek medical attention, the victim or their parent or guardian, if a child, must be the ones to make the report to the health department.
If you or a loved one has been bitten by a dog, take note of the following important steps to take:
Apply first aid, and seek or call for medical attention.
Take note of the owner’s details, the dog’s description, and the location where the dog was last seen. Take photos or videos of your injury.
Contact law enforcement and/or the county health department to make a report.
Document your injury’s progression through photos or videos.
Avoid engaging with the dog owner’s insurance company before being able to consult an attorney.
Consult a dog bite attorney about your legal rights.
How To Find a Dog Bite Attorney in South Carolina
Dog bite cases are handled by personal injury attorneys. It is recommended to consult an attorney before talking to the dog owner’s insurer.
You can find licensed personal injury attorneys in your area using the South Carolina Bar’s Lawyer Referral Service or through professional listing companies like Expertise.com that handpick reputable legal professionals through an in-depth selection process.
Other Resources for Dog Bite Victims in South Carolina
South Carolina Legal Services
This statewide law firm offers free legal aid to low-income citizens for non-criminal matters.
It also has an online library containing legal information on common civil concerns. You can call the Legal Aid Telephone Intake Service at 803-744-9430 or apply through their website to see if you qualify for assistance.
South Carolina Bar Pro Bono Program
The nonprofit program has a network of local volunteer lawyers who can provide free legal services for civil matters. Please note that this program is not for emergency cases; it may take weeks to match you with a volunteer lawyer. The program can be reached at 1-800-395-3425.
South Carolina Free Legal Answers
This is an online legal clinic that provides free legal advice or answers on civil matters. Its volunteer lawyers do not offer representation. Qualified low-income residents can submit their legal questions through the website. A licensed lawyer will then respond via email. You need to register first before being able to submit questions.
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