Dog bites are not only painful but also cause other effects such as trauma and financial losses to the victims in South Carolina. Medical expenses, loss of income, and long-term emotional, social, and physical impact usually include these misfortunes.

In such cases, the dog owner has to be held liable but for this to happen the victim has to prove fault.

It is important to know the legal environment to make the claim successful. South Carolina has its rules regarding dog bite liability, and it is necessary to understand how it works to be compensated.

In this way, it is easier for the victims to collect all the necessary documents and evidence to have a legal basis for compensation and know the legal possibilities.

South Carolina Dog Bite Laws

Understanding South Carolina law for dog bites, in South Carolina is crucial for both victims and dog owners.

The state applies a strict liability standard, meaning dog owners are held accountable for injuries caused by their dogs, regardless of the dog’s past behavior.

Strict Liability for Dog Owners

South Carolina applies a strict liability standard for dog bites, often referred to as the ‘one bite rule.’

This means that dog owners are automatically held responsible for injuries caused by their dog, regardless of whether the dog has previously shown aggressive behavior. Victims do not need to prove that the owner was negligent or aware of the dog’s potential danger.

Key Legal Statute

The law that guides the cases of dog bites in South Carolina is S. C. Code Ann. § 47-3-110. Under this statute, dog owners are responsible for the harm their dog inflicts on a person who is lawfully in the public domain or another person’s property.

The law also has it that the victim should not have in any way provoked the dog.

Liability Without Prior Aggression

One of the most important features of the South Carolina statute on dog bites is that the owner can be held legally responsible for the bite even if the dog has never bitten anyone before.

In other states, an owner may be held liable only if the dog has a history of aggressive behavior, but in South Carolina, an owner is liable regardless of the dog’s behavior.

This is to ensure that the victims can claim based on the incident and not the background of the dog.

Elements Required to Prove Fault in a Dog Bite Case in South Carolina 

To successfully claim compensation for a dog bite in South Carolina, certain elements must be established to prove fault.

This involves demonstrating that the dog owner or responsible party is liable for the incident. Key factors include proving ownership or control of the dog, ensuring the victim was lawfully present on the property, and showing that the attack was unprovoked.

Understanding these elements is crucial for building a strong case and holding the responsible party accountable.

The Defendant’s Ownership or Responsibility for the Dog

To establish negligence on the part of a dog owner and therefore make the defendant liable for the bite, the plaintiff must be able to show that the defendant was the owner of the dog or had custody of it.

Ownership is usually unambiguous and is the person name who is listed as the owner or the one who takes care of the dog.

However, control may also be had over other people who are with the dog at the time of the occurrence. This includes:

Pet-Sitters: People who were employed to take care of the dog on a temporary basis.

Property Owners: If the incident happened in their compound they are in a position to dictate who gets into the compound.

Family Members: People who live in the same house as the dog, if they are the ones who have authority over the dog.

The Victim’s Lawful Presence

To have a claim for a dog bite, the victim has to have been legally on the property where the bite happened. This means:

Guests: People who are allowed to be in that compound, for instance, friends, or relatives.

Postal Workers: Workers going about their business and lawful on the premises.

Invitees: Businessmen and other legal entities that have a right to be present on the territory of the object for business or other lawful activities.

On the other hand, people who are on the property without the owner’s permission cannot recover for injuries inflicted by the dogs since they have no right to be there.

Unprovoked Attack

The victim has to prove that the attack was in the first instance and that the dog was aggressive.

This means that the dog attacked and bit the victim without any move or action that could be regarded as having instigated the dog. Common examples of provocation that might reduce the owner’s liability include: 

Hitting or Taunting the Dog: Things that provoke or in one way pose a threat to the dog.

Trying to Take the Dog’s Food or Toys: Taking away the dog’s stuff.

Invasive Behavior: Causing or attempting to cause physical contact with the dog in a manner that may be interpreted as threatening.

Collecting Evidence to Prove Fault

Gathering strong evidence is essential for proving fault in a dog bite case. Effective evidence collection involves documenting injuries through medical records, securing eyewitness testimonies, capturing photos and videos of the incident, and obtaining official reports from animal control or law enforcement to help in your injury case.

Each type of evidence plays a crucial role in substantiating the claim and establishing the dog owner’s liability.

Medical Record

It is important in a dog bite case to have records of the injuries sustained through a medical report. Appropriate and prompt medical attention not only serves the purpose of treatment but is also vital to have records of the inflicted harm.

Medical reports are considered vital pieces of evidence that show the type, severity, and location of the injuries that the victim sustained during the attack, which is vital in the compensation process.

Eyewitness Testimonies

The use of eyewitnesses can be very crucial in proving fault since they can give an account of the occurrence.

Eyewitnesses include neighbors, passersby, or any other person who might have seen the dog attack the victim and other events that followed the bite.

This way they can establish the chronology of the events that have taken place and support the victim’s account of the story.

Photos and Videos

Pictures are very useful in a dog bite case because they present eyewitness accounts of the accident. Photographing the injuries, the dog, and the scene of the attack helps your dog bite lawyer to build a strong case.

Also, the videos taken before or after the attack can provide information about the dog’s behavior and may help to prove the negligence or aggressive actions of the dog.

Animal Control and Police Reports 

Reporting the matter to local animal control or the police is recommended after a dog bite has occurred. These authorities write official reports about the incident, about the dog, and about the circumstances of the attack and the actions taken.

These reports can be used as strong supporting documents in proving fault and can help to support the victim’s allegations.

Common Defenses Used by Dog Owners in South Carolina

In dog bite cases, dog owners may present various defenses to challenge liability. Common defenses include claims that the victim was trespassing on the property, that the victim provoked the dog, or other arguments such as the assumption of risk and contributory negligence.

Understanding these defenses is crucial for victims to effectively counter them and strengthen their compensation case.

Trespassing

Among the most frequent excuses offered by defendants is that the victim was a trespasser when attacked by the dog.

In circumstances where the victim was trespassing or in some other way committing a tort, the dog owner may claim that they should not be held responsible for the injuries caused.

In South Carolina, this defense can be substantial because it attacks the right of the victim to be on the premises where the bite took place.

Provocation

Another defense is that the victim encouraged the dog or provoked it in some way and this can reduce or even eliminate the owner’s responsibility.

If the dog owner can prove that the victim provoked the dog in some way—by hitting, teasing, or startling it, for example—the owner may be off the hook somewhat. It is required that provocation caused the aggression of the dog so that the blame is shifted on the victim.

Other Defenses

Dog owners might also use additional defenses, such as:

Assumption of Risk: This defense posits that the victim was aware of the dangers posed by the dog, and consciously assumed such risks.

For instance, if the victim knew that the dog was dangerous and wanted to attack him/her, but he/she proceeded to interact with the dog, this would help in reducing the amount of compensation paid.

Contributory Negligence: This defense holds that the victim in some way provoked the occurrence of the event.

If the victim contributed to the attack or provoked the dog or contributed to the bite in any way, then the dog owner might try to shift the blame onto the victim.

Steps to Take After a Dog Bite in South Carolina

If you’ve been bitten by a dog in South Carolina, taking the right steps immediately after the incident is crucial for your health and legal claim.

Proper actions include seeking medical attention, documenting the attack, and reporting the incident to authorities.

Additionally, consulting with a personal injury lawyer early on can help ensure that evidence is preserved and your rights are protected.

Following these steps will help you build a strong case and pursue the compensation you may be entitled to.

Seek Medical Attention

Seek professional help for all your injuries regardless of the extent of the damage.

It is important that you seek medical attention as soon as possible in order to avoid pain and suffering or contracting an infection and to ensure that the severity of your injuries is well captured.

Document the Incident

Document all information about the attack which includes the date, time, place, and circumstances leading to it.

Take pictures of your injuries and the dog as well as the scene where the attack occurred.

Contact Authorities

Contact local animal control and the police. There will be official reports of the attack and the reports could contain crucial information in relation to the dog and the bite incident.

Gather Witness Information

Get the phone numbers of any individuals who were present when the attack occurred or who can give information on the dog before and after the attack.

Preserve Evidence

Preserve all documents including those of a medical nature, photographs, and reports concerning the incident.

This evidence will back your argument and assist you in proving the severity of your injuries and the owner’s negligence.

At Max Hyde Law Firm, our staff is dedicated to providing personalized attention to each client, ensuring that every case receives the focus it deserves. Through our best dog bite attorney let us help you navigate the legal complexities of your dog bite case.

Call us at (864) 804-6330 to arrange a free consultation and learn how we can advocate for your interests. We’re here to assist with gathering evidence, negotiating with insurance companies, and securing the compensation you deserve for your injuries and damages.