Dogs Bite, Owners Pay: South Carolina Dog Bite Law

Lassie: "Woof" "Woof"

Cully Wilson: "What's that? Timmy's in the well? "

Lassie: "Woof" "Woof"

Trey Mills: "You just took a hunk out of Timmy's butt totally unprovoked. Who's your owner OR keeper?"

S.C. Code Ann. § 47-3-110: Liability of owner or person having dog in his care or keeping.

Whenever any 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 owner of the dog or other person having the dog in his care or keeping, the owner of the dog or other person having the dog in his care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. .... If a person provokes a dog into attacking him then the owner of the dog is not liable.  (emphasis added). 

In Harris v. Anderson Cty. Sheriff's Office, No. 26596, the Supreme Court of South Carolina recently discussed this statute, more specifically the "or" in between "owner of the dog" and "other person having the dog in his care or keeping".  The Court held:

 

In construing the term “or” consistent with its common understanding as a disjunctive, we hold section 47-3-110 allows a plaintiff to pursue a statutory claim against the owner of the dog “or other person having the dog in his care or keeping.”  Because of the plain language in this statute, we conclude that the Legislature intended to allow a claim against the owner of the dog when another person has the dog in his care or keeping.  (emphasis added).

For lawyers the Court provided an interesting analysis of statutory and common law issues that could arise from an unprovoked dog bite. The Court stated:

[Nesbitt v. Lewis, 335 S.C. 441, 517 S.E.2d 11 (Ct. App. 1999)], presents three scenarios under section 47-3-110 when the attack is unprovoked and the injured party is lawfully on the premises.  First, the dog owner is strictly liable and common law principles are not implicated.  Second, a property owner is liable when he exercises control over, and assumes responsibility for, the care and keeping of the dog.  Third, a property owner is not liable under the statute when he has no control of the premises and provides no care or keeping of the dog.  It is the presence or absence of a duty that determines liability in the latter two situations that involve a statutory claim against the “other person having the dog in his care or keeping.”  To this degree, section 47-3-110 implicates the common law. Our Legislature has spoken clearly in section 47-3-110 that, as concerns a dog owner’s liability, negligence principles in general and fault in particular have no place.  
 

BOTTOM LINE:   IF YOUR DOG BITES SOMEONE UNPROVOKED YOU ARE RESPONSIBLE FOR THE HARM, OR INJURIES.

 


Trackbacks (0) Links to blogs that reference this article Trackback URL
http://www.scinjurylawjournal.com/admin/trackback/112061
Comments (2) Read through and enter the discussion with the form at the end
William Wells - December 11, 2013 9:48 AM

Question. Night - dark. Dog walker has two dogs on leashes. Sees another dog walker on opposite side of street but had passed him previously so paid little attention. 1st walker stops to pet one animal who growled at 2nd walker. Suddenly, 2nd walker has crossed street to let his dog "meet" 1st walker's dogs. There was no greeting, warning, nor request for permission. 1st walker is startled as is a boston terrier mix, which bites 2nd walker's dog. Is 1st walker liable? Was 2nd walker negligent? The biting dog belonged to my daughter. A friend was the 1st walker.

ANSWER:

There is only strict liability in SC for dog bites. Unless the dog was provoked then the owner or keeper would be responsible for any such injuries are damages stemming from the incident. If the argument could be made that the dog was provoked then you should identify that to your insurance carrier or possible claimant that may present any damages from the incident.

Thank you for reading our blog. Please understand this is merely a comment and we do not have an attorney client relationship.

Sincerely,

Trey Mills
www.trammellandmills.com

Janice West - May 26, 2017 5:26 PM

I was in my yard with my dog on her leash when a man riding his bike was passing in front of my yard with his dog and neighbors dog running loose both dogs attacked my dog biting her. Biker came off bike and tried to help me to stop the dogs.I had been treating my dog for arthritis in left rear leg. That afternoon she could not hardly get up. Later that week I had my dog x-rayed and found out she had an ACL torn ligament. Had to do surgery. Wanting to know if you think This person would be liable for the costs involved for medical fees.

RESPONSE:
If their property attacked your property causing it damage, they should pay for your damages. However, sometimes the damages exceed the fair market value of the property.

Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?