South Carolina holds dog owners strictly liable for injuries caused by their dog's bite, meaning an injured victim generally doesn't need to prove the owner was negligent or that the dog had a prior history of aggression. This is a significant departure from the rules in many other states, and it's one of the most important things to understand if you or a loved one has been bitten.
At The Law Office of Josh Golson, our experienced dog bite lawyers help South Carolina residents understand their rights under this law and what it takes to build a strong claim after a dog bite. If you were bitten by a dog in South Carolina, call (803) 284-8573 to talk with our team.
What Strict Liability Means for Dog Owners in South Carolina
Under South Carolina's strict liability rule, a dog owner is responsible for injuries their dog causes by biting someone, regardless of whether the owner knew the dog was dangerous or took reasonable precautions to prevent the bite.
This means the focus of a claim typically centers on whether the bite happened and where the victim was located at the time, rather than on the owner's prior knowledge of the dog's temperament.
South Carolina's Dog Bite Statute
South Carolina's dog bite law is codified under South Carolina Code Section 47-3-110, which establishes that a dog owner is liable for damages if their dog bites someone who is in a public place or lawfully in a private place, including the property of the owner.
When the Statute Applies
The statute applies when the injured person was in a public place, such as a sidewalk or park, or lawfully on private property, including the dog owner's own property, whether as an invited guest, a delivery worker performing their job duties, or someone otherwise present with permission. Someone who was trespassing at the time of the bite generally falls outside the statute's protection, though other legal theories may still apply depending on the circumstances.
How South Carolina Differs From "One-Bite" States
Many other states follow what's commonly called a "one-bite rule," which generally requires an injured person to prove the owner knew or should have known the dog had dangerous tendencies, often because of a prior bite or aggressive behavior.
South Carolina's strict liability approach removes that burden for qualifying dog bite claims, making it generally easier for victims to establish liability compared to states that still follow this older standard.
Exceptions and Defenses
South Carolina's strict liability rule isn't absolute, and certain situations can create exceptions or defenses for a dog owner.
Provocation and Trespassing
A dog owner may have a valid defense if the victim provoked the dog in a way that led to the bite, or if the victim was trespassing on the property at the time of the incident. Each of these defenses depends heavily on the specific facts involved, and neither automatically defeats a claim without a closer look at what actually happened.
Injuries and Compensation in Dog Bite Cases
Dog bites can result in serious injuries, including deep lacerations, nerve damage, infection, scarring, and psychological trauma, particularly in cases involving children. Victims may be entitled to compensation covering medical expenses, scarring and disfigurement, lost income, pain and suffering, and, in more severe cases, costs related to long-term psychological effects or disability.
Who Actually Pays: Homeowner's and Renter's Insurance
In many cases, a dog owner's homeowner's or renter's insurance policy will cover the resulting liability from a dog bite claim, though this depends on the specific policy and its terms. Some insurance policies exclude coverage for certain dog breeds or for owners with a documented history of prior incidents.
Identifying and confirming applicable insurance coverage is often an important early step in a dog bite claim.
What to Do After a Dog Bite in South Carolina
- Seek prompt medical attention, even for a wound that seems minor: dog bites carry a real risk of infection, and a medical provider can properly clean the wound and document your injuries.
- Photograph your injuries and the location where the bite occurred: clear photos of the wound and the scene can become important evidence later.
- Get the owner's contact and insurance information, if possible: their name, address, and homeowner's or renter's insurance details are often essential to pursuing a claim.
- Identify any witnesses who saw what happened: their account of the incident can help establish the circumstances if the owner later disputes how it occurred.
- Report the bite to local animal control or law enforcement: an official report creates a documented record of the incident.
- Avoid discussing fault or accepting a quick settlement offer before understanding the full extent of your injuries: some dog bite injuries, like nerve damage or scarring, aren't fully apparent right away.
- Call The Law Office of Josh Golson at (803) 284-8573: our team can help you understand your rights under South Carolina's strict liability law and make sure your claim accounts for the full scope of your injuries.
Talk to a South Carolina Dog Bite Attorney
South Carolina's strict liability rule makes it easier to establish that a dog owner is responsible for a bite, but that doesn't mean every claim is straightforward.
Joshua P. Golson spent years on the prosecution side before turning his focus to representing injured people, serving as an Assistant Solicitor and Special Prosecutor for the Fifth Circuit Solicitor's Office and later handling civil defense litigation on behalf of government entities and law enforcement agencies. That background gives him a close understanding of how insurance companies and opposing counsel build and challenge a case, insight he now uses on behalf of dog bite victims and their families instead. Since shifting his practice in 2023 to focus on personal injury and civil rights matters, Mr. Golson has represented individuals harmed by the negligence of others, including dog bite victims, in pursuit of full and fair compensation.
Our South Carolina dog bite attorneys are ready to help you understand your rights and pursue the compensation you deserve. If your case involves a bite from a police dog, our team has experience with the unique legal issues these cases can raise.
Our broader South Carolina personal injury practice is also ready to help with any other injuries connected to your incident. Contact a dog bite injury lawyer at The Law Office of Josh Golson at (803) 284-8573 today.
Frequently Asked Questions
Is a dog owner automatically liable in South Carolina?
Generally, yes, under South Carolina's strict liability statute, as long as the victim was in a public place or lawfully on private property at the time of the bite. This removes the need to prove the owner knew the dog was dangerous, though certain exceptions and defenses can still apply depending on the facts.
What if the dog never bit anyone before?
It doesn't matter under South Carolina's strict liability rule. Unlike states that follow a "one-bite rule," South Carolina doesn't require an injured victim to prove the dog had a prior history of biting or aggression in order to hold the owner liable.
What if the dog was provoked?
Provocation can serve as a defense to strict liability. If evidence shows the victim provoked the dog in a way that led to the bite, the owner may have a valid defense, though a case-specific review of the facts is necessary to determine how this applies to your situation.
How long do I have to file a dog bite claim in SC?
South Carolina generally imposes a statute of limitations on personal injury claims, including most dog bite cases. Because missing this deadline can permanently bar your ability to recover compensation, it's important to speak with an attorney well before that window closes.
