If you or a loved one has been bitten by a dog in Summerville, you may be wondering about your legal rights. Can the dog owner be held responsible for your injuries? The good news is that South Carolina has strong laws protecting dog bite victims.
Under South Carolina’s strict liability statute, dog owners face significant legal responsibility when their animals injure someone. Understanding these laws helps you know what steps to take next and what compensation you may deserve.
Every year, approximately 4.5 million dog bites occur in the United States, with approximately 800,000 bites requiring medical attention. About 19,000 reconstructive surgeries are performed annually for dog bite injuries, and roughly 43-50 deaths occur each year from dog attacks. These statistics underscore the seriousness of dog bite injuries and the importance of holding owners accountable.
South Carolina’s Strict Liability Law for Dog Bites
South Carolina Code § 47-3-110 establishes a strict liability standard for dog bite injuries. This means that dog owners are legally responsible for injuries their dogs cause, regardless of whether the owner knew the dog was dangerous or whether the dog had previously bitten anyone.
Unlike some states that follow a “one-bite rule”—allowing owners one free pass before holding them liable—South Carolina imposes liability from the first bite. The owner’s intent, knowledge, or the dog’s history is irrelevant. If these statutory conditions are met, the owner is liable for your injuries unless a statutory exception applies.
This strict liability approach differs fundamentally from negligence-based liability. With negligence, you would need to prove the owner failed to exercise reasonable care. With strict liability, you only need to prove the dog bit you and caused injury. The burden shifts to the owner to prove an exception applies, rather than you having to prove the owner was careless.
This legal framework protects dog bite victims in Summerville and throughout South Carolina by ensuring they can recover compensation without having to prove the owner’s negligence or the dog’s prior dangerous behavior. If you’ve been injured, a Summerville personal injury attorney can help you understand your rights and pursue the compensation you deserve.
Who Can Be Held Liable for a Dog Bite in Summerville
While the dog owner bears primary responsibility, South Carolina law recognizes that other parties may also be liable for dog bite injuries.
The dog owner is the primary liable party. This includes anyone who owns the dog, regardless of where the bite occurs. Under South Carolina dog bite law, the owner’s liability is strict, meaning intent or knowledge of the dog’s dangerous nature is irrelevant.
- A person keeping or harboring the dog can also be held liable. This might include someone temporarily caring for the dog, a dog sitter, or someone who allows a dog to stay on their property. These individuals may face liability similar to the primary owner under certain circumstances.
- Landlords may in some cases face liability if they knew about a tenant’s dangerous dog and had the ability and opportunity to take reasonable steps to address the danger. If a lease prohibits certain dogs or breeds and the landlord knew the tenant violated this provision, the landlord could be held responsible.
- Property owners where the attack occurred may face premises liability in limited circumstances, particularly if they knew a dangerous dog was present and failed to take reasonable steps to protect lawful visitors. This falls under premises liability law, which holds property owners accountable for injuries on their property.
- Dog walkers and caretakers can be held liable if they were negligent in controlling the dog or failed to prevent the attack. Their duty of care extends to protecting others from foreseeable harm that the animal in their care may cause.
Understanding who may be liable helps your attorney identify all potential sources of compensation for your injuries.
Three Key Elements Required for Owner Liability
To establish dog owner liability under South Carolina law, three key elements must be present:
Element 1: The Victim Was Bitten or Injured by the Dog
The first requirement is straightforward—you must have been bitten or otherwise injured by the dog. This includes not only bite wounds but also injuries from the dog jumping on you, knocking you down, or attacking you in other ways. Medical records and photographs document the injury and establish the causal connection between the dog’s actions and your harm.
Element 2: The Bite Occurred in a Public Place or Lawful Private Place
South Carolina’s strict liability law applies to bites occurring in public places and in private areas where you had a lawful right to be. Public places include streets, parks, and sidewalks. Lawful private places include someone’s home if you were invited, a business you were patronizing, or property where you had permission to be. If you were trespassing on private property without permission, this element may not be satisfied, though exceptions exist.
Element 3: The Victim Did Not Provoke the Dog
The third element requires that you not provoke the dog. Provocation means intentionally or recklessly causing the dog to attack. Simply being present, making noise, or accidentally startling the dog does not constitute provocation. The burden falls on the dog owner to prove that provocation occurred, and courts interpret this requirement narrowly in favor of the victim.
When all three elements are present, the dog owner is liable for your injuries. This is why working with an experienced dog bite attorney in Summerville is crucial to establishing these elements and building a strong case.
Common Dog Bite Injuries and Damages You Can Recover
Dog bites cause a wide range of injuries, from minor lacerations to severe, life-altering trauma. Understanding the types of injuries and available compensation helps you appreciate the full scope of your claim.
- Physical injuries from dog bites include puncture wounds, lacerations, and tissue damage. Severe bites can cause disfigurement, permanent scarring, and in extreme cases, amputation of fingers, hands, or other body parts. Children often suffer facial injuries that require reconstructive surgery.
- Traumatic brain injuries can result from dog attacks, particularly when the dog knocks a victim down or shakes them violently. These injuries may cause cognitive impairment, memory loss, and long-term neurological complications. Similar to traumatic brain injuries from car accidents, dog attack TBIs require comprehensive medical documentation and expert testimony.
- Psychological trauma is common among dog bite victims. Many experience anxiety, post-traumatic stress disorder (PTSD), and fear of dogs following an attack. Children may develop lasting phobias that affect their quality of life. Compensation for emotional distress and psychological trauma is recoverable in dog bite cases.
Recoverable damages include medical expenses for emergency care, surgery, hospitalization, wound care, and ongoing treatment.
You can recover lost wages during your recovery period and compensation for loss of earning capacity if the injury affects your ability to work. Pain and suffering damages compensate you for physical pain and emotional distress. Scarring and disfigurement damage permanent cosmetic injuries. Future care costs, including rehabilitation, therapy, and medical equipment, are also recoverable.
In rare cases where the dog owner’s conduct was particularly reckless, punitive damages may be awarded to punish the owner and deter similar behavior. Understanding the full range of recoverable damages in personal injury cases helps you pursue fair compensation.
Exceptions to Owner Liability in South Carolina
While South Carolina imposes strict liability for dog bites, several exceptions exist where owners may not be held liable.
- Provocation by the victim is the primary exception. Under South Carolina’s strict liability statute, provocation is a complete defense that defeats a strict‑liability claim if proven. If you intentionally or recklessly provoked the dog, the owner is not liable. However, courts interpret provocation narrowly. Accidental contact or minor annoyances do not constitute provocation.
- Trespassing can limit liability. If you were trespassing on private property without permission when bitten, you may not recover damages. However, if you were lawfully on the property, trespassing is not a defense.
- Police or military dogs performing official duties are exempt from strict liability. If a police dog bites you while apprehending a suspect or performing law enforcement duties, different rules apply.
Comparative negligence may apply in specific negligence-based claims. South Carolina follows a modified comparative negligence rule. If you were partially at fault for the incident through negligence (distinct from provocation), your recovery may be reduced by your percentage of fault. However, if you are more than 50% at fault, you cannot recover any damages. This principle is similar to how comparative negligence affects accident settlements.
Understanding these exceptions helps your attorney develop the strongest possible case for your recovery.
What to Do Immediately After a Dog Bite in Summerville
Taking the proper steps immediately after a dog bite protects your health and strengthens your legal claim.
Seek Medical Attention
Seek medical attention right away. Even if the bite seems minor, visit an emergency room or urgent care facility. Medical professionals can assess infection risk, provide appropriate treatment, and document your injuries. This medical documentation becomes crucial evidence in your claim, similar to how medical bills documentation strengthens car accident claims.
Report the Incident
Report the incident to Summerville Animal Control. This creates an official record of the attack and ensures the dog is quarantined for rabies observation. Animal Control can also identify the dog owner and provide you with a report number.
Document Everything
Document everything. Take photographs of your injuries immediately and over the following days as they heal. Photograph the scene where the attack occurred and the dog if possible. These visual records powerfully demonstrate injury severity. Similar to how surveillance footage strengthens car accident claims, photographic evidence is critical in dog bite cases.
Get Information From Parties Involved
Obtain the dog owner’s information. Get the owner’s name, address, phone number, and homeowner’s or renter’s insurance information. Ask for identification to verify accuracy.
Gather witness information. Collect names and contact information from anyone who witnessed the attack. Witness testimony can be invaluable if liability is disputed. Questions to ask witnesses can help you gather comprehensive information.
Keep detailed records. Save all medical records, receipts, and documentation of lost wages. Maintain a journal describing your pain, recovery progress, and how the injury affects your daily life.
Do Not Admit Fault
Avoid discussing fault. Do not admit fault, apologize, or accept blame. Do not discuss the incident with the dog owner’s insurance company without an attorney present. Anything you say can be used against you.
How to File a Dog Bite Claim in South Carolina
Filing a dog bite claim involves several steps to recover fair compensation.
- Notify the dog owner’s insurance company. Send a written notice of the incident to the homeowner’s or renter’s insurance company. Include your contact information, the date and location of the bite, and a brief description of injuries.
- Gather comprehensive evidence. Compile medical records, photographs, witness statements, animal control reports, and documentation of lost wages. The stronger your evidence, the better your negotiating position. Understanding the evidence needed to prove a claim is essential to building a strong case.
- Understand the statute of limitations. You have three years from the date of injury to file a lawsuit in South Carolina. However, do not wait until the deadline approaches. Evidence deteriorates and witnesses become harder to locate as time passes. This is similar to the statute of limitations for car accident lawsuits.
- Consider settlement versus litigation. Many cases settle through negotiation with the insurance company. However, if the insurer refuses fair compensation, litigation may be necessary. An experienced attorney evaluates your case and advises whether a settlement or a trial serves your interests better. Understanding how car accident settlements work provides insight into the settlement process.
- Hire an experienced dog bite attorney. An attorney handles negotiations with insurance companies, gathers evidence, obtains expert testimony, and represents your interests throughout the process. Many attorneys, including those at Crantford Meehan, work on a contingency basis—you pay nothing unless you win.
Why You Need a Summerville Dog Bite Attorney
- Handling a dog bite claim involves complex legal and insurance issues. An experienced attorney protects your rights and recovers fair compensation.
- Insurance companies employ trained adjusters who work to minimize payouts. They may dispute liability, undervalue your injuries, or pressure you into accepting inadequate settlements. An attorney levels the playing field by negotiating aggressively on your behalf and refusing lowball offers. Learn more about dealing with insurance adjusters after an accident.
- South Carolina dog bite law contains important nuances that affect your case. An attorney understands strict liability, comparative negligence, statute of limitations, and other legal principles that impact your recovery.
- An experienced attorney works to recover full compensation for all your damages. Beyond medical bills, you deserve compensation for pain and suffering, lost wages, scarring, and emotional trauma. An attorney ensures you receive fair compensation for all damages.
- Contested liability cases require skill and experience. When the dog owner disputes liability or claims provocation, an attorney presents evidence effectively and counters false defenses.
- An attorney represents your interests in settlement or trial. Whether negotiating a settlement or presenting your case to a jury, an attorney advocates forcefully for your rights.
The attorneys at Crantford Meehan have recovered millions for personal injury clients, including significant settlements in premises liability and animal attack cases. With offices in Summerville, Charleston, and Florence, Crantford Meehan provides local representation with statewide experience. Both partners are Trial Lawyers College graduates with AV ratings from Martindale-Hubbell, indicating the highest level of professional competence and ethical standards.
Crantford Meehan handles dog bite cases on a contingency fee basis, meaning you pay nothing unless the firm recovers compensation for you. This arrangement aligns the firm’s interests with yours—the firm only profits when you win.
Contact Crantford Meehan for Your Dog Bite Claim
If you have been bitten by a dog in Summerville or anywhere in South Carolina, you deserve experienced legal representation. The attorneys at Crantford Meehan understand South Carolina dog bite law and know how to recover compensation for your injuries.
Crantford Meehan has recovered millions for personal injury clients through settlements and verdicts. The firm’s attorneys are Trial Lawyers College graduates with extensive trial experience. Both partners hold AV ratings from Martindale-Hubbell, the highest professional recognition available. View our case results and client testimonials to see how we’ve helped injured clients recover fair compensation.
With a local office in Summerville at 136 W Richardson Ave, Crantford Meehan provides convenient access to experienced representation. The firm handles dog bite cases on a contingency fee basis—you pay nothing unless the firm recovers compensation for you.
Contact Crantford Meehan today for a free consultation. Call (843) 832-1120 or visit the Summerville office to discuss your dog bite claim. The firm is available 24/7 to answer your questions and protect your rights. Do not let the dog owner’s insurance company take advantage of you. Let Crantford Meehan fight for the compensation you deserve.
Frequently Asked Questions
Is the dog owner liable even if the dog has never bitten anyone before?
Yes. South Carolina does not have a “one-bite rule” like many other states. Under South Carolina Code § 47-3-110, dog owners are strictly liable for injuries caused by their dogs regardless of whether the dog has a prior history of biting or aggressive behavior. This means you do not need to prove that the owner knew the dog was dangerous or that the dog had previously attacked someone. The owner’s liability is imposed by statute once a qualifying bite occurs and no exception applies.
Can I recover compensation if I was partially at fault for the dog bite?
Yes, you may still recover compensation under South Carolina’s modified comparative negligence rule. South Carolina allows you to recover damages even if you were partially at fault, as long as you were not more than 50% responsible for the incident. For example, if you were found to be 30% at fault and the dog owner 70% at fault, you could recover 70% of your damages. However, if you are found to be more than 50% at fault, you cannot recover any compensation.
What is the time limit to file a dog bite lawsuit in South Carolina?
The statute of limitations for dog bite claims in South Carolina is three years from the date of the injury. This means you have three years from the date the dog bit you to file a lawsuit. If you wait longer than three years, you will lose your right to pursue legal action. However, it’s important to act quickly, as evidence can disappear and witnesses’ memories fade over time. Contacting an attorney as soon as possible after a dog bite helps preserve evidence and strengthen your case.
Can a landlord be held liable for a tenant’s dog bite?
Yes, landlords can be held liable for a tenant’s dog bite in certain circumstances. A landlord may be liable if they knew about the dog’s dangerous propensities or aggressive behavior and failed to take action to prevent the attack. Additionally, if the lease agreement prohibits dogs or certain breeds, and the landlord knew the tenant had such a dog but did nothing, the landlord could potentially be held liable. The specific circumstances of each case determine whether a landlord bears responsibility.
What damages can I recover in a dog bite case?
You can recover both economic and non-economic damages in a dog bite case. Economic damages include medical expenses (emergency care, surgery, hospitalization, ongoing treatment), lost wages and income during recovery, loss of earning capacity if the injury affects your ability to work, rehabilitation and therapy costs, and medical equipment and home modifications. Non-economic damages include pain and suffering, emotional distress and psychological trauma, scarring and disfigurement, loss of enjoyment of life, and permanent disability or impairment. In rare cases, punitive damages may also be awarded if the dog owner’s conduct was particularly reckless or negligent.
Do I need a lawyer for a dog bite claim?
While you are not legally required to hire an attorney, having a lawyer significantly increases your chances of receiving fair compensation. Insurance companies often try to minimize payouts, and they have experienced adjusters trained to undervalue claims. An attorney can negotiate with insurance companies on your behalf, gather and preserve evidence, obtain expert medical testimony, handle complex legal procedures, represent you in settlement negotiations or trial, and work to recover the full compensation you deserve. Many dog bite attorneys, including those at Crantford Meehan, work on a contingency fee basis, meaning you pay nothing unless you win your case.
How much is my dog bite case worth?
The value of a dog bite case depends on several factors, including severity of your injuries (minor lacerations vs. severe disfigurement or amputation), medical expenses incurred and projected future medical costs, lost wages and loss of earning capacity, degree of pain and suffering, permanent scarring or disfigurement, psychological trauma and emotional distress, age and health status of the victim, liability strength (clear liability vs. contested), and insurance coverage available. Each case is unique, and case values can range from a few thousand dollars for minor injuries to hundreds of thousands or more for severe, permanent injuries. An experienced dog bite attorney can evaluate your specific circumstances and provide an estimate of your case’s potential value.
