When someone’s dog attacks another person, the owner is legally responsible. The injured person can pursue a civil lawsuit against the owner to recover damages with help from a seasoned personal injury attorney.
In certain cases, the owner of a dog that attacks another person could face criminal charges. If you are hurt in a dog attack, you should speak with a Charleston County dog bite lawyer about your legal options.
S.C. Code § 47-3-110 states that the owner of a dog that attacks another person County is responsible if the attack occurred in a public or private place where the injured person was legally allowed to be, including attacks that occur on the dog owner’s property or wherever someone is keeping the dog in their care.
A person is allowed on another’s property by express or implied invitation from the property owner or a tenant. People performing their job on someone else’s property, such as postal workers, are legally allowed to be there.
The law covers any action in which the dog inflicts injury on another person, not just bites. A dog can include any member of the canine family, including foxes kept as pets.
The statute imposes strict liability for dog owners. This means a court can find the owner liable even if they had no prior knowledge that the dog was dangerous or when they took reasonable precautions to prevent an attack.
An injured person who wishes to file a lawsuit for a dog attack must do so within three years from the date of the incident, which is the state’s statute of limitations according to S.C. Code § 15-3-530. A Charleston County dog bite lawyer could ensure the lawsuit is filed before the statute of limitations expires.
A dog owner could also face criminal charges if they were aware their animal posed a danger, according to S.C. Code § 47-3-720 and S.C. Code § 47-3-730. Owners of dangerous animals may not allow the animal to roam unconfined on their property.
Owners of dangerous animals are also prohibited from allowing the animal to go beyond their property without safe restraints. A dangerous animal is defined under S.C. Code § 47-3-710 as a canine or feline that:
If a dangerous dog attacks and injures another animal, the crime is a misdemeanor under S.C. Code § 47-3-760. The crime is punishable by up to 30 days imprisonment and a $200 fine for a first offense.
When a dangerous animal attacks and injures a human, the crime is a misdemeanor that can impose a jail term of up to three years and a maximum $5,000 fine for a first offense. For a subsequent attack, the crime is upgraded to a felony with a maximum jail term of up to five years and a fine of up to $10,000.
Dog bites can cause serious injuries. You have the right to hold the owner responsible when their dog harms you. Our firm takes pride in a personal approach to representing our clients. If we represent you, know that you are not just another client or numbered file.
Contact a Charleston County Dog bite lawyer and schedule an appointment to discuss your case.