Can a child receive compensation for a dog bite injury?
Yes. Children are among the most frequent victims of dog bites and can recover compensation for their injuries. When a child is the victim, a parent or legal guardian pursues the claim on their behalf. In these cases, courts take the long-term impact of scarring and psychological harm on children seriously.
What evidence is important in a dog bite case?
Valuable evidence includes photographs of the injuries and scene, the dog owner’s contact and vaccination information, witness statements, medical records documenting the injuries, DHEC incident reports, and any prior records of the dog’s aggressive behavior.
How long do I have to file a dog bite lawsuit in South Carolina?
South Carolina’s statute of limitations for personal injury claims, including dog bite cases, is three years from the date of the injury. Contact an attorney promptly to protect your rights and preserve evidence.
What should I do if the insurance company denies my dog bite claim?
A denial does not eliminate your right to compensation. The dog owner is still personally liable, even if their insurer denies the claim. If coverage is denied, Hughey Law Firm can pursue the claim against the owner directly.
Will a homeowner’s insurance policy cover a dog bite claim?
In most cases, yes. Homeowners and renters insurance policies typically include personal liability coverage for dog bite claims. However, some policies exclude specific breeds. An attorney can identify all applicable coverage.
How is fault determined in a dog bite case in South Carolina?
South Carolina uses strict liability, meaning fault is established by proving that the dog attacked and the victim was lawfully present. The owner’s awareness of prior aggression is not required to establish liability.
Can I file a claim if the dog owner is a friend or neighbor?
Yes. Most dog bite claims are paid by the owner’s homeowner’s or renter’s insurance, not out of pocket. Filing a claim will not necessarily create a personal financial hardship for the owner. South Carolina law gives you the right to pursue compensation, regardless of your relationship with the owner.
Can I still recover compensation if I was bitten on private property?
Yes. South Carolina’s strict liability statute applies when the victim was lawfully on private property, including the dog owner’s property. Trespassers generally cannot recover damages, but invited guests, social visitors, and service workers are protected.
Who is liable for a dog bite in South Carolina?
According to South Carolina Code Section 47-3-110, the dog’s owner or the person responsible for its care is strictly liable. The victim does not need to prove that the dog had bitten someone before or that the owner was negligent.