Animal Attacks in Myrtle Beach – Animal Attack – Strict Liability – Dog Bite Law in SC

If you are hurt by a dog bite, dog attack, or other animal attack in Myrtle Beach, SC, you may be entitled to compensation for the injury, including your medical expenses, pain and suffering, and punitive damages, depending on the circumstances.

In this article, we will discuss dog bite and animal attack liability in South Carolina, including:

• Dog bite law in SC,
• Strict liability for dog attacks,
• Defenses to dog attacks, and
• When you can sue for attacks by other types of animals or pets.

Animal Attacks – Dog Bite Law in SC

You may be entitled to compensation if you are bitten by a dog in South Carolina, but did you know that SC has strict liability for any dog attack – whether the dog bites someone, knocks them off a bicycle, or jumps on them and knocks them down, the dog’s owner or keeper is liable for the damage caused.

Strict Liability for Dog Attacks in SC

Most compensable animal attacks in SC are dog bites or other attacks by dogs. Although injuries caused by any animal on a person’s property could give rise to premises liability, when a dog attacks someone, the owner or keeper is strictly liable under SC Code § 47-3-110:

(A) 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. For the purposes of this section, a person bitten or otherwise attacked 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, when the person bitten or otherwise attacked is on the property in the performance of a duty imposed upon the person by the laws of this State, the ordinances of a political subdivision of this State, the laws of the United States of America including, but not limited to, postal regulations, or when the person bitten or otherwise attacked is on the property upon the invitation, express or implied, of the property owner or a lawful tenant or resident of the property.

A person or business can be held liable for damages caused by their dog if:

• The person attacked was 1) in a public place or 2) lawfully in a private place (they weren’t trespassing), and
• The defendant is either 1) the dog owner or 2) a person who was responsible for the dog’s “care or keeping.”

This includes not only the owner of the dog, but a “doggy daycare,” other business, or any individual who was responsible for keeping and caring for the dog at the time of the attack.

Other Animal Attacks – Premises Liability Law

SC’s strict liability for dog attacks only applies to canines, but a property owner or pet owner may be liable for other types of animal attacks under premises liability law if:

• They are a “licensee” or “invitee” and not a “trespasser,”
• The property owner was on notice that there was a hazardous condition (an animal that might attack people), and
• The property owner did nothing to make the property safe again by removing the threat, containing the animal, or warning of the threat.

Examples of Animal Attacks in SC

Examples of animal attacks in SC that may or may not give rise to liability depending on the circumstances include:

• Dog bites,
• Dog attacks by knocking a person down or knocking someone off a bicycle,
• Other pet attacks – a snake bite, bird attack, or spider bite, for example,
• Wild animal attacks if they were preventable, or
• Livestock attacks – by a cow, goat, or rooster, for example.

Examples of animal attacks that probably will not give rise to liability include:

• An attack by a wild animal that is crossing a homeowner’s property without their knowledge, or
• An attack by a dog or other animal when an adult is trespassing and jumps over a fence to take a shortcut across the homeowner’s property.

Defenses to Dog Bite or Animal Attack Liability in SC

There are defenses to dog attacks under SC’s strict liability laws which include:

• The person provoked or harassed the dog causing the attack, or
• The dog was a law enforcement K-9 and the handler complied with the requirements listed in SC’s strict liability law.

If the lawsuit is based on premises liability for an attack by an animal other than a dog, the property owner has various defenses under SC’s premises liability laws including:

• The injured person was a trespasser on their property,
• They adequately warned of the danger, or
• They were unaware of the danger (no notice or insufficient notice).

Got Axelrod?

If you are a victim of an animal attack in South Carolina or if you have been bitten by a dog, call the Myrtle Beach dog bite lawyers at Axelrod & Associates now to discuss your case and learn your next steps.

Your animal attack lawyer on the Axelrod team will help you recover the maximum compensation that you are entitled to receive under the facts of your case and SC law.

Call 843-258-4582 or complete our contact form for a free initial consultation.