Can you sue after a dog bite in South Carolina even if it was the dog’s first bite?

KEY TAKEAWAYS:

South Carolina's dog bite law makes most owners strictly liable for a bite or attack, meaning you generally do not have to prove the dog was dangerous before or that the owner was careless. That rule has two narrow exceptions, for provocation and for certified police dogs. A Charleston County dog bite lawyer can help you determine liability, insurance coverage, and the damages you may be owed.

A dog bite can happen in a public park, in a neighbor's yard, or right on a front porch while you're delivering the mail. Wherever it happens, most people who get hurt this way want an answer to the same question: Is the owner automatically responsible? Under South Carolina dog bite law, the answer is usually yes. The state applies a strict liability standard that places the burden on the dog's owner, not the injured person, in most situations. At The Farmer Law Firm, our experienced Charleston County dog bite lawyer can help you determine when that rule applies, when it doesn't, and what a fair recovery should look like.

What Is South Carolina's Strict Liability Dog Bite Law?

South Carolina dog bite law is built around S.C. Code § 47-3-110. Under this statute, if a dog bites or otherwise attacks a person while that person is in a public place, or is lawfully in a private place, the dog's owner or the person keeping the dog at the time is liable for the resulting damages.

That is what makes South Carolina a strict liability state for dog bites rather than a "one bite" state. You generally do not have to prove the owner knew the dog was dangerous, that the dog had bitten someone before, or that the owner acted carelessly. The strict liability dog bite law assumes an owner takes on that risk the moment they choose to keep a dog.

Are There Exceptions to South Carolina's Strict Liability Dog Bite Law?

Yes. South Carolina dog bite law carves out two narrow situations where the strict liability rule does not apply.

The Provocation Exception

If the person who was bitten provoked or harassed the dog, and that provocation was the proximate cause of the attack, the owner is not liable under the statute. Teasing, cornering, or intentionally agitating a dog can shift responsibility away from the owner, though exactly what happened in the moments before the bite matters too. 

The Law Enforcement K-9 Exception

The dog bite statute also does not apply when a trained dog is working in a law enforcement capacity for a government agency, acting under the direct command of a certified handler, and several other conditions are met. This exception is narrow. It does not cover every police dog interaction, and it does not apply if the dog bites a bystander rather than its intended target.

Can You Sue the Dog Owner If Their Dog Has Never Bitten Anyone Before?

Yes. Because South Carolina dog bite law does not require a history of prior aggression, a first-time bite can still support a valid dog bite injury claim. This is one of the biggest differences between South Carolina and states that hold an owner responsible only if they had reason to know their dog was dangerous.

Can You Pursue a Dog Bite Claim If You  Were Bitten While Visiting Someone's Home?

The strict liability statute covers people who are lawfully in a private place, including guests invited expressly or by implication, as well as people performing a duty imposed by law, such as postal workers or utility employees. If you were bitten while making a delivery, providing a service, or performing repairs on someone else's property, you may have more than one legal claim. 

In addition to South Carolina's strict liability dog bite claim, you may also have a premises liability claim if the property owner knew or should have known about a dangerous condition—including a dangerous dog—and failed to take reasonable steps to protect lawful visitors. Anyone hurt on the job in Charleston County, including a bite that happens during a work-related visit, should also ask whether workers' compensation benefits apply alongside a claim against the dog's owner.

Does Homeowners Insurance Cover Dog Bite Claims?

Usually, most homeowners and renters insurance policies include personal liability coverage that pays for dog bite claims, typically between $100,000 and $300,000, according to the Insurance Information Institute. Some insurers exclude specific breeds or decline to renew a policy after a dog's first bite, so that coverage can vary from one policy to the next. If a claim exceeds the policy limit, the dog's owner may be personally responsible for the difference.

What Damages Can You Recover After a Dog Bite in South Carolina?

Compensation in a dog bite case typically includes:

• Past and future medical expenses, including reconstructive or plastic surgery for scarring and disfigurement
• Lost income during recovery and lost earning capacity damages if your ability to work is affected by your injuries
• Pain, suffering, and emotional distress, including a lasting fear of dogs
• Property damages

Victims can suffer catastrophic injuries, such as a traumatic brain injury, severe, permanent nerve damage, or other long-term injuries in a dog attack.

Children often suffer some of the most serious physical and emotional consequences of dog attacks, especially when bites involve the face or hands. A child injury claim can be more complicated than a strict liability dog bite claim for an adult victim. 

Should You Hire a Charleston County Dog Bite Lawyer to File Your Claim?

Yes, you should retain The Farmer Law Firm as soon as possible after the dog attack. Insurance companies do not always accept strict liability at face value. They may argue you provoked the dog, that you were trespassing, or that your injuries are less serious than your medical bills suggest. 

Gathering the right proof, such as medical records, photographs, witness statements, and any animal control or vaccination records, can make a real difference in how a claim is valued. Dog bite attorney Merritt Farmer will work with you directly to build that evidence and pursue the full compensation you are entitled to under South Carolina dog bite law.