Animal Bites

South Carolina takes dog bites and attacks very seriously. There are a few exceptions, but essentially, if a dog bites or attacks you, its owner or keeper is liable for your damages.

South Carolina law provides that “If a person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the dog owner or person having the dog in the person’s care or keeping, the dog owner or person having the dog in the person’s care or keeping is liable for the damages suffered by the person bitten or otherwise attacked.”

This is strict liability and does not require you to prove the dog owner or person caring for the dog was negligent, as is required in some states. Anderson, South Carolina, has no special ordinance and follows state law.

There are exceptions to the strict liability rule:

• If the person bitten harassed or provoked the dog and the provocation was the proximate cause of the attack, the owner is not liable for the damages.
• There is no liability if the dog was working with law enforcement and was performing its official duties in the way in which it was trained and was under the “lawful command of a duly certified canine officer.”
• The dog working with law enforcement bit a third-party bystander, the officer is liable for that person’s damages.

There are other requirements law enforcement must meet for the dog attack and dog bite to be justified.

According to the statute, in addition to the dog owner being liable, the “person having the dog in the person’s care or keeping” when the dog inflicted its bite or when it attacked is also liable.

When any animal bites, there is always a risk the bitten person may contract rabies or tetanus. Also, the wounds may become infected, which creates a risk of limb amputation or sepsis leading to death.

The most common injuries include:

• Puncture wounds.
• Lacerations, tears, and ripping wounds to the body, particularly to the face. Hands and arms are often wounded as victims try to defend themselves.
• Nerve damage when the bite cuts through a nerve.

Some examples of damages to which you may be entitled include:

• All necessary medical care including reconstructive surgery.
• Medical care that may be necessary in the future to care for your wounds and scars.
• Lost wages if you are unable to work because of the bite.
• Pain and suffering.
• Emotional distress.
• Loss of enjoyment of life.
• Compensation for permanent disfigurement.