Although many states have some version of the “one-bite rule” for dog bite liability, South Carolina takes a different, more victim-friendly approach to liability for injuries from dog bites or other attacks.
The one-bite rule says a dog must have a history of one aggressive bite for the owner to be liable for a victim’s injuries, though exceptions vary by state. South Carolina follows a strict liability rule for dog bites, meaning dog owners are liable for injuries even if a dog has never shown signs of aggression or bitten or attacked anyone before.
Get a free case discussion with Burriss Ridgeway Injury Lawyers by calling our South Carolina personal injury lawyers at (803) 451-4000.
What Is the One Bite Rule?
Many states follow a version of the “one-bite rule” when it comes to dog bite incidents and injuries. This is not true for all states, however, so don’t assume that the one-bite rule applies to your recent injury and potentially stops you from filing a lawsuit.
In general, the one-bite rule means that owners may not be liable for dog bite injuries unless a biting incident has already happened that made the owner aware of their dog’s aggressive tendencies. In short, the owner might not be liable for injuries from a first-time bite.
Fortunately for South Carolina victims, Palmetto State does not follow a version of the one-bite rule. Instead, its approach to dog bite liability favors victims more than dog owners.
What Are South Carolina’s Rules for Dog Bite Liability?
South Carolina follows a strict liability rule for dog bites and attacks, and not the one-bite rule. This benefits victims, who may seek compensation from dog owners even if it is the first time a specific dog has bitten anyone.
If you are in a public place or lawfully present in a private place, including a dog owner’s home, and are bitten or attacked by a dog, the dog owner is most likely liable for your damages.
A dog does not need to have an established history of aggressive behavior for its owner to be liable for bite injuries and damages in South Carolina.
Are There Exceptions to Strict Liability for Dog Bite Injuries in South Carolina?
While South Carolina typically enforces strict liability for dog bites, exceptions exist when dog owners are not liable for bite injuries.
Provocation
Suppose someone provokes or harasses a dog, causing the dog to react and attack or bite them. In that case, the dog owner would most likely not be liable. Provoking or harassing a dog could include pulling its tail or ears, hitting it, scaring it, or trapping it in a small space.
If you unintentionally startle a dog or step on its tail and it attacks you, that is not the same as intentionally provoking or harassing a dog, and the owner may be liable.
Trespassing
South Carolina is clear in that an individual must be legally present on a private property for strict liability to apply. Because of this, a victim who is trespassing on property when they are bitten or attacked by a dog may not have a valid compensation claim against the dog owner.
Law Enforcement Dogs
Strict liability for dog bites and attacks typically does not apply to trained law enforcement dogs that attack in compliance with a lawful command from an officer in South Carolina.
How Long Do You Have to Sue for a Dog Bite Injury in South Carolina?
As with any injury, you don’t have unlimited time to seek compensation after a dog bite or attack in South Carolina, and you must be mindful of the statute of limitations to protect your right to recovery.
Follow the normal 3-year personal injury statute of limitations for a dog bite injury case. The statute of limitations will begin to accrue on the date you are attacked or bitten by the dog, unless a rare exception applies.
What Economic Damages Does South Carolina Allow for Dog Bite Injuries?
Strict liability holds a dog owner liable for all economic damages from a dog bite or attack involving their pet, regardless of whether they knew the pet was aggressive.
Medical Bills
Dog owners can be held liable for all medical bills. Puncture wounds, deep lacerations, nerve and tendon damage, bone fractures, disfiguring injuries, and other serious injuries are common with dog attacks. These may require surgeries, reconstructive treatments, and other expensive follow-up care like physical therapy.
Lost Wages
You may have to take time away from work as you recover from dog bite injuries. Fortunately, South Carolina also allows victims to hold dog owners liable for lost wages. If you can work but not at the same earning level, our Bishopville, SC personal injury lawyers can also recover the difference in your pre- and post-injury incomes.
Miscellaneous Expenses
Dog owners are liable for any economic damages, including the miscellaneous expenses you might not expect. For example, serious dog bite injuries might prevent you from walking your own dog for the time being, causing you to incur dog walking expenses.
We can help you consider all newfound expenses directly related to your injuries and seek compensation for them in your lawsuit.
What Non-Economic Damages Does South Carolina Allow for Dog Bite Injuries?
Because dog owners are strictly liable for bite injuries involving their pets in South Carolina, victims may seek compensation for all of their damages, including non-economic damages.
Dog bites and attacks can be frightening and traumatizing for victims, causing significant emotional harm and suffering. Injuries are often physically painful as well, especially deep puncture wounds and lacerations.
You may be compensated for all intangible harms, which our lawyers can help calculate and prove on your behalf.
Get Our Help with Dog Bite Injuries in South Carolina
Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 for a free case review from our Columbia, SC personal injury lawyers.
