South Carolina Dog Bite Injury Attorney

When it comes to state laws pertaining to dangerous or aggressive dogs, some states—including South Carolina—hold dog owners strictly liable for the injuries caused by their dogs, while other states follow a “one-bite” rule. Strict liability means that the property owner is liable for injuries caused to others by the dog, even if the owner had no reason to believe that the dog would behave aggressively.

The one-bite rule holds that dog owners are only liable if they had reason to know that the dog would bite. Essentially, this means that the dog owner is only liable the second or each subsequent time that his or her dog bites.

Individuals injured by a dog bite or attack in South Carolina can pursue compensation relating to the expense and impacts of their injuries through a lawsuit filed in civil court within three years of the dog bite. The claim seeks to show not only who caused the injury but also place a dollar amount on the expenses and impacts incurred from the injury.

Generally, the dog owner’s homeowner’s or renter’s insurance policy pays dog bite claims. Most homeowner’s or renter’s insurance policies will provide coverage for dog bite injuries, and most of these policies have limits between $100,000 to $300,000. If the expenses exceed that amount, the homeowner must cover the remainder. However, some insurers will not provide coverage for certain breeds of dogs, including pit bull breeds, and some insurers even make their insured parties sign waivers regarding dog bite liability to limit potential losses. Liability claims resulting from dog bites and dog-related injuries cost insurers around $797 million each year.

Damage is a term that refers to a payment made for harm caused. South Carolina allows dog bite victims to seek both economic and non-economic damages. Economic damages refer to a payment made for the out-of-pocket expenses that you incurred as a result of your injury.

Common expenses included in a damage claim are:

• Medical treatment, including emergency department treatment, ambulance transport, prescription medication, hospitalization, surgical and physician services, and more.
• Lost wages if your injury caused you to miss work.
• Loss of future earning capacity, if your injury caused a disability that prevents you from returning to work or from earning in the same capacity as you did before the injury occurred.

Non-economic damages are compensation for how your injury has impacted your life.

Some common impacts included in a damage claim are:

• Physical pain and suffering
• Emotional distress
• Loss of the enjoyment of life, if your injury prevents you from doing activities you previously enjoyed

Generally, the time limit to file a dog bite lawsuit in South Carolina is three years after the injury date. However, this deadline “tolls” or extends if the case involves a child victim whose parents do not file a lawsuit on their child’s behalf. In cases involving a dog bite resulting from a dog used by a government agency, the time limit and the process for filing a claim is shorter. Your attorney will let you know if there is a different timeline for filing your case.

Yes. South Carolina’s law states that dog owners are liable if their dog bites “or otherwise attacks” a person. An attack can involve any aggressive behavior, including biting, clawing, or knocking an individual to the ground.

Yes.

Despite South Carolina’s strict liability for dog bites, there are several exceptions in which the dog owner would not face liability, such as:

• If the individual provoked the dog and that led to the dog bite. Provocative behavior that may relieve a dog owner from being liable for the bite can include abusing, teasing, or harassing the dog.
• If the dog was working for law enforcement when the bite occurred, and the bite took place in the normal scope of the dog’s work-related activities. This exception applies if the attack was in direct and complete compliance with a lawful command given by a duty certified canine officer, the dog was trained and certified according to the standards of the South Carolina Law Enforcement Training Council, and the agency that uses the dog has a written policy on the appropriate use of dogs during official law enforcement duties that was complied with during the action. The government agency is liable if the law enforcement dog bites a third party bystander who is not the focus of the law enforcement investigation or activity.
• If the individual was bitten while trespassing on private property without the property owner’s knowledge or permission, and the property owner provided clear signs in a prominent location that indicates an aggressive dog on the property.

If a dog bite occurs in South Carolina, someone must report it to the state’s Department of Health and Environmental Control or the county health department. Generally, the physician who treats the injury will file this report. The report activates a law enforcement investigation to track down the dog’s owner and ensure that the dog has been vaccinated against rabies and does not have rabies or another type of communicable disease. The animal will usually quarantine in a shelter.

Reporting a dog attack will also create a paper trail that will allow the Department of Health and Environmental Control, the county health department, and local law enforcement to protect individuals from being injured by the dog in the future.

Dangerous dog designations are given to dogs in South Carolina after they’ve made an unprovoked attack that has caused bodily injury to a human being. This designation requires the dog’s owner to keep the dog in a secure area clearly marked with warning signs, requires that the dog does not leave the property without proper restraints, requires registration of the dog with local law enforcement, and requires the maintenance of an insurance policy of at least $500,000 for personal injury liability for injuries caused by the dog.

Additionally, if a dog who has been designated as dangerous bites someone, the dog’s owner faces not only civil liability but also criminal liability.

Criminal liability and civil liability are two very different things. The government prosecutes criminal cases with penalties including potential incarceration upon a conviction. A conviction requires guilt beyond a reasonable doubt.

Injured parties pursue civil cases, which do not seek—beyond awarding punitive damages in some cases—to punish the defendant, but rather to hold responsible parties financially liable for an injury. In strict liability cases, such as those involving a dog bite, the claimant does not even have to prove negligence by the defendant. Rather, the injured individual simply has to show that, based on the preponderance of the evidence, the defendant was the owner or was in control of the dog that caused the attack while the injured individual was legally on public or private property.

In addition to civil liability in a dangerous dog case, the dog owner can face a misdemeanor conviction with a penalty of up to $5,000 and imprisonment of up to five years. Subsequent convictions can result in a felony that carries a penalty of up to $10,000 and imprisonment for up to five years.

It depends on the facts of your case, so call us for more information.

Generally, if the bite occurred during the normal scope of duties required by your employment—such as if you were a mail carrier delivery driver required to enter a property to make a delivery—then you would likely seek workers’ compensation benefits. Mail carriers receive worker’s compensation from a federal program. However, South Carolina businesses that employ delivery people may need to provide coverage under the state’s program.

South Carolina’s Workers’ Compensation Program is an insurance policy that most employers in the state must provide to their employees if the company has four or more full-time employees, part-time employees, or family members working for it. The policy provides medical treatment and lost wage benefits for individuals who have suffered a work-related injury, regardless of who is at fault for the injury.

However, because the dog owner is strictly liable, you may also choose to file a personal injury claim against the owner in your case. One of the important services that a dog bite lawyer can provide for you is to determine sources of liability in your case and all insurance resources that can compensate you for the expenses and impacts of your injury.

An attorney can provide valuable services to help you with your dog bite case, such as:

• Guidance about the legal options for pursuing compensation that are available to you based on the facts of your case.
• A determination as to the liable parties in your case and the insurance resources those parties have available.
• Timely filing of all court-required paperwork in the proper jurisdiction.
• A valuation of your case based on the expenses you have incurred because of your injuries, the injury-related expenses you will likely incur in the future, and the ways your injury has impacted your life.
• Skilled negotiation with the at-fault party’s insurance provider in an attempt to garner a fair settlement offer on your behalf.
• Guidance as to the pros and cons of accepting an offered settlement.
• The collection of evidence and witness testimony that can help prove your case and show your expenses.
• Litigation, including the delivery of opening and closing statements as well as the presentation of evidence and the examination of witnesses.
• Assistance with collecting your settlement or court award.

An estimated 4.5 million dog bites occur in the U.S. each year, and around 800,000 of those bites will require medical treatment. If a vicious dog injured you, you can trust the experienced attorneys from Hughey Law Firm to provide answers to the questions you have about your case. For a free case evaluation, contact us now.