Dog Bite Liability Under South Carolina Law
Common Injuries in Charleston Dog Bite Cases
- Puncture wounds and lacerations
- Broken bones and fractures
- Soft tissue damage
- Nerve damage
- Facial wounds and scarring
- Eye injuries and partial blindness
- Infections and sepsis
- Rabies exposure, which mandates immediate prophylaxis treatment if the animal’s vaccination history cannot be verified.
- Disfigurement requiring plastic surgery
- Emotional trauma and PTSD
Common Causes of Dog Attacks in Charleston
- Unleashed dogs in public areas.
- Inadequate fencing or containment.
- Failure to restrain dogs during interactions.
- Lack of warning about aggressive behavior.
- Children approaching unfamiliar dogs.
What to Do After a Dog Bite in Charleston
- Step 1: Get to safety immediately.
- Step 2: Document the incident at the scene.
- Step 3: Seek medical attention the same day.
- Step 4: Confirm that the incident has been reported to DHEC.
- Step 5: Contact Hughey Law Firm before speaking with the dog owner’s insurer.
Compensation Available in a Charleston Dog Bite Claim
- Medical expenses
- Future medical costs
- Lost wages for time missed from work during recovery
- Lost earning capacity, when permanent injuries affect one’s ability to work
- Pain and suffering, for physical pain and emotional distress caused by the attack
- Property damage
- Emotional trauma and PTSD treatment
When the Dog Owner or Insurer Disputes the Claim
- Homeowner’s policies may exclude certain breeds: Some policies exclude specific breeds, including pit bulls and other dogs classified as high-risk. In these situations, the dog owner remains personally responsible for the damages.
- Claims of provocation: Dog owners often argue that their dog was provoked. South Carolina’s strict liability statute does not always require the victim to prove that there was no provocation, but provocation claims are often used to reduce or eliminate the owner’s liability.
- Failure to disclose prior behavior: If an owner knew their dog had previously shown aggression toward people but failed to disclose this information to their insurer, the insurer may deny coverage based on this omission.
- Insurance company delay tactics: Insurers may delay investigations, request excessive documentation, or offer early settlements that do not reflect the full value of the claim.
How Our Dog Bite Attorneys Can Help
All dog bite cases at Hughey Law Firm are handled on a contingency fee basis. You pay no attorney fees unless we secure compensation for you. The initial consultation is free.
Contact a Charleston Dog Bite Attorney Today
If you or your child has been injured in a dog attack in Charleston or anywhere else in South Carolina, the Hughey Law Firm is prepared to review your case and help you pursue the full compensation to which you are legally entitled. Time is of the essence because evidence can disappear quickly, so do not wait to seek legal guidance.
Call (843) 881-8644 for a free consultation, fill out our contact form, or use live chat to speak with our team now. We represent families throughout Charleston, the Lowcountry, and across South Carolina.
Disclaimer: The information on this page is intended for general informational purposes only and does not constitute legal advice. Every case is different. Past results do not guarantee future outcomes. Hiring a lawyer is an important decision that should not be based solely on advertisements. Ask us to send you free written information about our qualifications and experience before you decide. The Hughey Law Firm is located in Charleston, South Carolina.
Frequently Asked Questions
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.