Until the mid-1980’s if you were bitten by a dog in South Carolina you had to prove that the owner knew or should have known that the dog was vicious. Normally that required knowledge that the dog had nipped or bitten a person before. It was therefore called the “one bite rule.” It was modified by case law in 1985 and South Carolina Code § 47-3-110 was passed in 1986.
The law since that time has been if a person is attacked by a dog while the person is in a public place or lawfully on private property, the dog owner or person having the dog is liable for the damages suffered by the person bitten or otherwise attacked. This does not apply if the person who was attacked by the dog provoked or harassed the dog and that provocation was the proximate or direct cause of the attack. **** The rules as to a law enforcement dog or listed in the statute and are somewhat different.
Therefore the law in South Carolina is that if a dog attacks a person in public or lawfully on private property without provoking the dog to attack him the dog owner or person responsible for the dog is liable for the damages done to the attacked person.
However, these are not always cases that the injured person is able to collect on. Too often dangerous dog owners do not have homeowner’s insurance or assets to pay for a person’s medical bills and other damages. I therefore strongly suggest that you try to determine who the owner of the dog is and then contact us for a free case review and help with the situation.
Give us a call or call and set up an appointment with Jim to discuss your case. (864) 585-4777. email@example.com