South Carolina Dog Bite Laws

South Carolina has a dog bite statute that makes owners liable without proof that they knew the dog was dangerous, subject to the defenses written into the law.

South Carolina dog bite law at a glance

What South Carolina law says

• 47-3-110 covers bites and attacks in public places or where the victim is lawfully on private property.
• Lawful presence includes legal or postal duties and invitations.
• Provocation must be the proximate cause of the attack to bar recovery.

Strict liability vs. the one-bite rule

Under a strict liability statute, the owner is responsible for the injury even if the dog never showed aggression before and the owner was careful. The victim does not have to prove the owner knew the dog was dangerous; the main defenses are the ones written into the statute, such as provocation or trespassing.

Dangerous dog rules in South Carolina

• A dangerous animal is one the owner knows or should know is prone to unprovoked attacks, that attacks causing injury off the premises, or that is trained for fighting; breed alone is not enough (47-3-710).
• Dangerous animals must be confined indoors or in a secure, marked pen (47-3-720) and registered with $50,000 of insurance or a surety bond (47-3-760).
• An owner whose dangerous animal injures a person faces up to $5,000 or 3 years; a repeat offense is a felony (47-3-760).

Deadline to file a claim

Justia's 50-state survey lists 3 years as the general personal injury deadline (statute of limitations) in South Carolina. The clock usually starts on the day of the bite. Different deadlines can apply to claims against a government agency or on behalf of a child, so confirm the deadline for your situation with a licensed attorney.

What to do after a dog bite

1. Get medical care, even for a small puncture; bites can become infected.
2. Get the owner's name, contact details and the dog's rabies vaccination status.
3. Report the bite to local animal control or the health department; many places require it so the dog can be observed for rabies.
4. Photograph the injuries and the location, and write down witness names.
5. Keep medical bills and records of missed work, and talk to an attorney before signing anything from an insurer.

If you own a dog that has bitten someone, follow any confinement order from animal control, keep the dog's rabies vaccination current, and consider working with a trainer or behaviorist. Leash rules are covered in South Carolina leash laws.

Sources

1. Michigan State University Animal Legal & Historical Center: South Carolina dog laws
2. Justia: Dog bite laws, 50-state survey
3. Michigan State University Animal Legal & Historical Center: Dog bite strict liability statutes