Each state has its own dog laws that address topics such as controlling the dog when in public or imposing liability when the animal attacks. For dog bites, South Carolina follows the strict liability rule. Under this law, a dog owner may be held liable for injuries the dog causes another person to suffer, regardless of whether the dog has ever bitten or attacked anyone. South Carolina also has a statewide “leash law” and various local animal control ordinances.
This article provides an overview of South Carolina’s dog bite laws. To learn more and discuss the facts of your case with a knowledgeable and experienced South Carolina dog bite lawyer, contact us today at McKinney, Tucker & Lemel, LLC. We can provide an initial consultation, review your case, and help you understand your rights and legal options.
Does South Carolina Have Leash Laws?
A “leash law” is a law that imposes specific duties on dog owners and/or keepers when it comes to control of their pets. Many municipalities, including Rock Hill, have leash laws on their books. The Rock Hill ordinance, for instance, requires the owner or keeper of any animal to keep the animal “under restraint at all times.”
South Carolina also has a statute that addresses “allowing dogs or cats to run at large.” Under S.C. Code § 47-3-50, it is illegal for any dog or cat owner to allow the animal to run at large off property that the person owns, rents, or controls.
The statute also prohibits a person from keeping a “vicious or unruly” dog or cat on their property unless they restrain the pet with a fence, chain, or other means, or from taking the animal out of impoundment or quarantine without authorization. A violation of the law is a misdemeanor, carrying possible fines and jail.
What Is the Difference Between Strict Liability and the One-Bite Rule?
States generally follow one of two approaches to imposing liability on dog owners and keepers for the harm their pets cause in a bite or attack:
- Strict liability – Under this doctrine, the dog owner or keeper can be held liable, regardless of whether they knew of the dog’s tendency to bite or took any steps to prevent the attack.
- One-bite rule – Under this common law rule, the dog’s owner or keeper can be liable only if they knew or reasonably should have known their dog’s tendencies.
South Carolina follows the strict liability approach. Under S.C. Code § 47-3-110, a dog owner or keeper can be legally responsible when their dog attacks someone in a public place or lawfully in a private area, even if the owner or keeper has no prior knowledge of the dog’s aggressive tendencies.
Are There Any Exceptions to Dog Owner Liability?
Even though South Carolina’s dog bite statute imposes strict liability on dog owners and keepers when their pets attack others, the law also features many exceptions.
Strict liability for dog bites in South Carolina does not apply when:
- The victim provoked or harassed the dog, and the provocation caused the attack.
- The dog was trained and certified and was working in a law enforcement capacity.
For the law enforcement exception to apply, the dog and handler must have been carrying out official duties in compliance with the agency’s written policy on the necessary and appropriate use of dogs when the attack occurred, and it must have been in direct compliance with a lawful command by a law enforcement officer. Also, the victim cannot be a third-party bystander, and the actions of the dog and its handler cannot constitute excessive force.
What Is a ‘Dangerous Dog’ Under South Carolina Law?
Under S.C. Code § 47-3-710, a “dangerous animal” is a dog or cat that the owner knows to have a propensity to attack, cause injury, or otherwise endanger the safety of humans or other domestic animals, or which has actually committed an unprovoked attack in a place other than where the animal is confined. The term also refers to dogs owned, kept, and trained for fighting.
A dog cannot be classified as “dangerous” unless an animal control or law enforcement officer has investigated the animal and made the determination. Once a dog is deemed “dangerous,” the owner must follow strict rules for registering, identifying, and restraining the dog, including ensuring the dog wears a special tag and posting warning signs where the dog is kept.
Can Local Law Enforcement Seize or Impound Animals?
Yes, S.C. Code § 47-3-750 gives local law enforcement and animal control officers the authority to seize and impound a dangerous animal if the officer has probable cause to believe the owner or keeper is harboring or caring for the dog in a way that violates the state’s animal laws.
What Compensation Could Be Available for a Dog Bite Injury?
A dog bite or attack can cause emotional trauma and result in severe, life-changing injuries, including bites that damage skin, nerves, muscles, and soft tissue, and which may lead to infections. An experienced personal injury attorney with a background handling dog bite claims can help you navigate South Carolina’s dog bite laws and seek compensation that may include:
- Past and future medical expenses
- Lost wages and diminishment of future earning ability
- Pain and suffering
- Emotional distress
- Punitive damages
What Is the Statute of Limitations for a Dog Bite Claim in South Carolina?
If you suffer injuries from a dog bite in South Carolina, you have three years from the injury date to file a lawsuit under the state’s statute of limitations for personal injury claims (S.C. Code § 15-3-530). If you miss the three-year deadline, you can lose your right to seek compensation and leverage when dealing with the insurance companies. So, you should not delay consulting a dog bite lawyer to learn about your rights and options.
Contact a South Carolina Dog Bite Injury Lawyer
At McKinney, Tucker & Lemel, LLC, we have a proud tradition of helping accident and injury victims and their families throughout York and Lancaster counties to pursue just compensation, including the victims of dog bites and other animal attacks. We believe in open communication, compassionately treating our clients, paying attention to detail, and providing cost-effective advocacy. To discuss how we can assist you after a dog bite in South Carolina, call or reach out to us online today.
