When a dog bites or attacks someone, one of the first questions may be whether the owner knew the animal was dangerous. Perhaps the dog had never bitten anyone before. Maybe neighbors had never complained about aggressive behavior. The owner may even insist that the attack was completely out of character.
In some states, those facts can play an important role in determining whether an injured person can recover compensation. South Carolina takes a different approach. A dog bite victim generally does not have to prove that the animal previously attacked someone or that its owner knew it was dangerous before the incident occurred.
Understanding that distinction matters when a dog owner or insurance company tries to dismiss an injury as an unpredictable, one-time event.
South Carolina Does Not Follow the Traditional “One-Bite Rule”
The phrase “one-bite rule” generally refers to laws that may require evidence that a dog owner knew, or should have known, the animal had dangerous tendencies. A previous bite or aggressive incident could help establish that knowledge.
South Carolina law does not require a dog to get one “free bite” before its owner may be held responsible.
Under South Carolina Code Section 47-3-110, when a person is bitten or otherwise attacked by a dog while in a public place or lawfully in a private place, the dog’s owner or the person responsible for its care or keeping may be liable for the resulting damages. The statute specifically provides that the owner can be liable even if the dog had not previously shown viciousness and the owner had no knowledge of dangerous behavior.
That can make a significant difference for someone injured in a first-time attack.
A Dog’s History Is Not the Only Question
Imagine a child visiting a neighbor’s home who is bitten by a dog that has never attacked anyone before. The absence of a previous bite does not automatically prevent the child’s family from pursuing a claim.
Likewise, an adult walking on a public sidewalk may have a claim after being attacked by a dog even if the owner says the animal had always been friendly.
Rather than requiring proof of a known history of aggression, South Carolina’s dog bite statute focuses on circumstances, including where the injured person was when the attack occurred and whether that person provoked the dog.
Provocation Can Change a Dog Bite Claim
South Carolina’s law contains an important exception. An owner may not be liable under the dog-bite statute if the injured person provoked or harassed the dog, and that conduct caused the attack. That means provocation can become a significant point of dispute.
The circumstances surrounding the incident may therefore require careful investigation.
Evidence could include:
- Statements from people who witnessed the attack.
- Photographs or video footage of the incident or surrounding area.
- Medical records documenting the injuries.
- Animal control or law enforcement records.
- Information about where the dog and injured person were immediately before the attack.
- Communications with the dog’s owner following the incident.
Although prior viciousness is not required to establish statutory liability, a dog’s history may still provide useful context in some cases.
Dog Attacks Can Cause More Than Bite Wounds
The consequences of an attack can extend well beyond the initial injury. Deep puncture wounds and lacerations may require emergency treatment, stitches, surgery, or treatment for infection. Some victims suffer nerve or tendon damage, permanent scarring, or disfigurement.
Children can be particularly vulnerable because of their size and proximity to a dog’s face. An attack may also cause significant emotional trauma, including fear and anxiety that continue long after the physical wounds heal.
Serious injuries can result in medical expenses, missed work, future treatment, and other losses that should be considered when evaluating a claim.
Do Not Assume a First-Time Attack Means There Is No Case
A dog owner may genuinely have been surprised by an animal’s behavior. Under South Carolina law, however, not knowing a dog’s dangerous tendencies does not necessarily relieve the owner of responsibility.
At David W. Martin Accident & Injury Lawyers, our South Carolina dog bite attorneys help injured people understand how the state’s dog bite law applies to the circumstances surrounding an attack. If a dog injured you or your child, contact us at (803) 258-6199 to discuss what happened and learn about options for pursuing compensation.