Dog bites can cause serious, even fatal, injuries. If you or a loved one has suffered an injury due to a dog bite in South Carolina, the owner can be held liable. A Spartanburg dog bite lawyer can help you receive the compensation you deserve after being bitten by a dog.
In most states, a dog owner is only held liable for a dog bite injury if they are aware of the dog's aggressive nature. Generally, this means that dog owners are not held responsible for the injuries if the dog had not previously attacked another individual. This is called the "one bite" rule.
The South Carolina Supreme court replaced the "one bite" rule with the "strict liability" rule in 1985. This meant that dog owners would be strictly held responsible whenever their dogs attacked or bit an individual without provocation.
The rule not only holds the dog owner accountable, but anyone "in control" of the dog at the time of the bite or attack could be held responsible for the damages.
The strict liability law makes it easier for an injured person to seek compensation for their damages in South Carolina compared to other jurisdictions that use the "one bite" rule. This is because you do not need to show that the dog owner was negligent or failed to take precautions to prevent their dog from attacking you to pursue compensation for the injuries.
The dog owner will not be held responsible for the injuries if provocation occurs. The provocation may involve teasing or abusing the dog. For instance, if an individual taunts a dog vocally, this may be regarded as animal harassment.
The dog owner will not be held responsible if you trespass on their property.
In addition, the dog owner is not held accountable for the damages if the dog is under the control of a government or law enforcement agency. In this case, the attack must comply with an officer's command, and the dog should meet the state's certification and training standards.
If you are a dog bite victim, you have three years to file a lawsuit against the dog's owner in South Carolina. If you fail to meet this statute of limitations, you will not receive compensation for your injuries.
If you are looking for compensation to recover damages after a dog bite injury in South Carolina, the Law Office of Tyler Rody is prepared to help. Contact us today to schedule a consultation for a case evaluation.