If You’re Attacked by a Dog in Greenville, is the Dog’s Owner Automatically Liable?

Dog Bite Lawyer

In the movies or on television, it’s comical when a dog bites the local mailman. However, in the real world, there’s nothing funny about getting bitten or attacked by a dog in Greenville. Whether it’s a neighbor’s dog or even a family friend’s animal, getting attacked by any animal can be traumatic. The sorts of injuries sustained by dog bite victims can be quite serious. Some of the more common dog bite injuries include:

  • Lacerations and bruises
  • Broken bones
  • Infections from cuts and bites
  • Other injuries sustained during the attack such as a brain injury, back injuries or facial disfigurement

In some states, you can only sue a dog owner under the dog bite statute if you’re actually bitten by a dog. You can’t sue under the statute if the dog simply knocks you down or otherwise injures you. South Carolina is different. In South Carolina, you can sue someone under Statute 47-3-110 if you’re bitten or otherwise attacked by any animal.

If you or your child are indeed injured in any sort of dog attack, you should call a Greenville dog bite injury lawyer right away. They can help you file a claim against the owner. This may involve a homeowner’s claim or an actual lawsuit. It depends on the circumstances surrounding the attack. Your attorney can also handle the legal side of things while you focus on recovering from your injuries.

What Does the South Carolina Dog Bite Statute Say?

Every state has some sort of law regarding dog bites. About half the states require that you actually be bitten by a dog to sue under the statute. This isn’t the case in South Carolina. You can sue under Statute 47-3-110 whether you’re bitten by a dog or attacked in any other way. For example, if you’re knocked down by a dog and sustain injuries, you can still sue under the dog bite statute.

In order to qualify for legal action under the South Carolina dog bite statute, you have to show the following:

  • Your injuries were caused by a dog bite or attack
  • The incident took place in a public place or when you were lawfully on private property
  • You didn’t provoke the dog

You’ll notice that there is nothing in the statute that requires the dog’s owner to know that their dog was going to bite or attack you. Some states actually require that the owner knew (or should have known) that their dog was vicious or dangerous. This isn’t the case in South Carolina.

South Carolina is a strict liability state. This means that the dog’s owner is liable regardless of the dog’s past history. So, if their dog bites you and has never bitten anyone before, it doesn’t matter. You can still recover under the statute.

What are the Defenses to the Dog Bite Statute in South Carolina?

There are 2 main defenses to the South Carolina dog bite statute. These are both written into the statute. The defendant will likely prevail in the following 2 situations:

  • You provoked the dog – This includes things like teasing, harassing or abusing the dog
  • You were trespassing at the time of the incident

The statute says that you have to be in public or lawfully on private property in order to sue under the statute. This means that, if you’re trespassing, the dog owner won’t be liable. The same is true if you provoked the dog.

Contact a Dog Bite Injury Lawyer if You Were Attacked by a Dog in Greenville

If you or your child are attacked or bitten by a dog in Greenville, South Carolina, you should call our Greenville personal injury law office right away. Even if your injuries aren’t all that serious, you may still have a claim for damages. Your Greenville personal injury attorney can help you get the compensation you deserve.

The question will be whether or not you qualify to file suit under the South Carolina dog bite statute. Generally speaking, if you were attacked by someone else’s dog, you can probably sue under the statute. As long as you meet the requirements outlined above, you will be entitled to damages. Your attorney’s job is to prove just how much you’re entitled to.

Call today and schedule your free initial consultation. You can sit down with a skilled personal injury attorney in South Carolina. They’ll answer any questions you may have. They can also check to see if you can sue under the statute or if you need to sue under ordinary negligence. The consultation is free and you pay nothing until you settle your case.