Dog bites can cause devastating physical and emotional injuries, especially when the victim is a child. Medical treatment, scarring, infections, and trauma can last long after the attack. If you or someone you love has been bitten by a dog in South Carolina, it’s important to understand your legal rights and what steps you can take to recover compensation.
At McWhirter, Bellinger & Associates, we’ve helped dog bite victims across South Carolina hold negligent dog owners accountable. Below, we explain how South Carolina’s dog bite laws work and what you should do if you’ve been injured.
- South Carolina’s “Strict Liability” Dog Bite Law
Unlike many states that follow a “one-bite rule,” South Carolina is a strict liability state when it comes to dog attacks. This means a dog owner can be held legally responsible for a bite even if the dog has never shown aggression before.
Under South Carolina Code § 47-3-110, a dog owner (or person responsible for the dog at the time) is liable for damages if:
- The dog bites or otherwise attacks someone, and
- The victim was in a public place or lawfully in a private place when the attack occurred and did not provoke the dog.
The law applies regardless of the dog’s history or the owner’s knowledge of its behavior. In other words, the victim does not have to prove that the dog had previously bitten someone or that the owner was negligent.
- Exceptions to Dog Owner Liability
While the law is favorable to victims, there are a few key exceptions where an owner might not be held responsible:
- Provocation: If the injured person provoked or teased the dog, the owner may have a defense.
- Trespassing: If the victim was trespassing or unlawfully on private property when the attack occurred, strict liability may not apply.
- Law enforcement dogs: Police or military dogs acting within their duties are generally exempt when the bite occurs during lawful enforcement activity.
Even with these exceptions, liability is often contested. An experienced attorney can help gather evidence to show that the victim was lawfully present and did nothing to provoke the attack.
- Who Can Be Held Responsible?
Although the law refers to the “owner,” responsibility can extend beyond the person who legally owns the dog. Others who may be held liable include:
- A dog sitter, walker, or caretaker who had control of the dog at the time of the attack
- A landlord or property owner who knowingly allows a dangerous dog to remain on their property
- A homeowner or renter whose dog injures someone on shared or common property
Determining who had “custody or control” of the animal at the time of the incident is an important part of building a successful claim.
- Types of Compensation Available
Dog bite victims in South Carolina can seek compensation for both economic and non-economic damages, including:
- Medical expenses: Emergency care, surgery, rabies treatment, plastic surgery, and ongoing therapy.
- Lost wages: Income lost while recovering, as well as diminished earning capacity for long-term injuries.
- Pain and suffering: Physical pain, emotional trauma, fear of dogs, or anxiety after the attack.
- Scarring and disfigurement: Permanent scars or facial injuries often increase case value.
- Property damage: Torn clothing, broken glasses, or damaged personal items.
In severe cases, courts may also award punitive damages if the owner acted with willful disregard for others’ safety—for example, by allowing a known aggressive dog to roam freely.
- What To Do After a Dog Bite
Taking the right steps immediately after an attack can protect your health and strengthen your legal claim:
- Seek medical attention right away. Even minor bites can become infected or cause nerve damage.
- Identify the dog and owner. Get names, addresses, and contact information of the owner or handler.
- Report the bite. Notify Animal Control or local law enforcement. They will create an official record and may investigate the dog’s vaccination status.
- Photograph your injuries. Take clear pictures of wounds, bruising, and torn clothing.
- Gather witness information. Collect names and phone numbers of anyone who saw the attack.
- Avoid speaking with the owner’s insurance company until you’ve spoken with an attorney. Adjusters may try to downplay your injuries or suggest you were at fault.
Prompt medical and legal action can make a major difference in your recovery and in the outcome of your claim.
- Dog Bites and Homeowner’s Insurance
Most dog bite claims are paid through the homeowner’s or renter’s insurance policy of the dog owner. These policies typically cover liability for injuries that occur on or off the property, depending on the circumstances.
However, some insurance policies exclude specific breeds considered “dangerous,” such as pit bulls, Rottweilers, or Dobermans. Others have liability caps that limit how much the insurer will pay.
An experienced attorney can review the available insurance coverage, identify all possible sources of compensation, and negotiate directly with the insurance company on your behalf.
- Common Injuries from Dog Attacks
Dog bites can cause a wide range of serious injuries, including:
- Deep puncture wounds and lacerations
- Infections such as MRSA or tetanus
- Nerve or tendon damage
- Facial disfigurement
- Broken bones or crush injuries
- Post-traumatic stress disorder (PTSD), anxiety, or fear of dogs
Children and elderly adults are especially vulnerable to severe bites, often requiring surgery and long-term psychological counseling.
- Time Limits for Filing a Claim
Under South Carolina law, victims generally have three years from the date of the attack to file a lawsuit. This deadline, known as the statute of limitations, can vary depending on the circumstances, especially if the defendant is a government entity or the victim is a minor.
Failing to act before the deadline means you could permanently lose your right to recover compensation. That’s why it’s critical to contact an attorney as soon as possible after an attack.
- How McWhirter, Bellinger & Associates Can Help
Dog bite cases can be legally complex, especially when the dog owner denies responsibility or blames the victim. Our attorneys handle every step of the process so you can focus on healing. We will:
- Investigate the attack and gather witness statements and medical evidence
- Work with medical experts to document the full extent of your injuries
- Determine all available insurance coverage
- Negotiate aggressively with insurers for fair compensation
- File a lawsuit and take your case to court if necessary
We’ve successfully represented dog bite victims throughout South Carolina, including Columbia, Lexington, Sumter, Orangeburg, Newberry, and Camden, and we understand the tactics insurance companies use to avoid paying fair settlements.
- Call 803-LAW-FIRM for a Free Consultation
If you or your child has been bitten by a dog in South Carolina, you don’t have to face the aftermath alone. The attorneys at McWhirter, Bellinger & Associates have decades of experience handling dog bite and personal injury claims.
We’ll review your case for free, explain your legal rights, and fight to recover every dollar you deserve.
It won’t cost you anything to see if we can help. Call 803-LAW-FIRM or contact us online today to schedule your free consultation.
