If you were bitten by a dog in South Carolina, you may be able to recover compensation for your medical bills, lost income, pain and suffering, scarring, and other losses. South Carolina is a strict liability state under S.C. Code § 47-3-110, which means you generally do not have to prove the dog owner was negligent or that the dog had previously bitten someone.
According to the Centers for Disease Control (CDC), nearly 1 in 5 people bitten by a dog requires medical attention, highlighting how quickly these incidents can lead to significant medical expenses and other losses.
What Compensation Can You Recover After a South Carolina Dog Bite?
The value of a dog bite claim depends on the severity of your injuries, your recovery, and how the attack has affected your daily life. Compensation generally falls into two categories.
Economic Damages
Economic damages reimburse measurable financial losses, such as:
- Emergency medical treatment
- Hospital stays and surgeries
- Follow-up medical care
- Physical therapy or rehabilitation
- Prescription medications
- Future medical expenses
- Lost wages
- Loss of future earning capacity, when applicable
Keeping medical records, bills, and documentation of missed work can help establish these damages.
Non-Economic Damages
A dog bite can also result in significant personal losses that are not reflected by medical bills alone. Depending on your case, you may recover compensation for:
- Physical pain and suffering
- Emotional distress
- Permanent scarring or disfigurement
- Loss of enjoyment of life
- Psychological effects, including anxiety or fear of dogs
When Is a Dog Owner Liable for a Dog Bite in South Carolina?
South Carolina follows a strict liability rule for dog bites. Under S.C. Code § 47-3-110, a dog owner or person responsible for the dog is generally liable when someone is bitten or otherwise attacked:
- In a public place, or
- Lawfully on private property, including the owner’s property by invitation or while performing a legal duty.
Unlike states that require proof the owner knew a dog was dangerous, South Carolina generally imposes liability regardless of whether the dog has ever bitten anyone before.
Because of this law, many victims can pursue compensation without having to prove the owner acted negligently.
Are There Any Exceptions to South Carolina’s Dog Bite Law?
Yes. The statute recognizes limited defenses.
A dog owner may avoid liability if:
- You provoked or harassed the dog, and that conduct caused the attack, or
- The attack falls within the statute’s limited exception for properly deployed law enforcement dogs acting within official duties.
Although trespassing often becomes an issue in dog bite cases, the statute applies only to people who were lawfully in the location where the attack occurred. Someone who was trespassing generally does not receive the statute’s protections because they were not lawfully on the property.
Does a Dangerous Dog Designation Affect a Dog Bite Claim?
South Carolina also has separate laws addressing dangerous animals. Under S.C. Code § 47-3-710 and related provisions, a dog may be designated as dangerous after certain unprovoked attacks or other qualifying conduct.
A dangerous dog designation does not determine whether you can recover compensation because South Carolina’s strict liability law already provides that right. However, evidence that a dog had previously been designated as dangerous or had a history of aggressive behavior may become relevant depending on the facts of the case.
Who Pays a Dog Bite Settlement?
In many cases, compensation comes from the dog owner’s homeowners insurance or renters insurance liability coverage rather than directly from the owner’s personal assets.
Insurance coverage, policy exclusions, and available limits vary from case to case. We investigate all available insurance policies and work to maximize the compensation available for your injuries.
How Long Do You Have to File a Dog Bite Lawsuit in South Carolina?
Most South Carolina dog bite claims are subject to the state’s three-year statute of limitations for personal injury actions under S.C. Code § 15-3-530. If you miss the filing deadline, the court may dismiss your claim regardless of how serious your injuries are.
Protect Your Right to Compensation
A dog bite can leave you with medical expenses, lost income, permanent scarring, and lasting emotional effects. While South Carolina’s strict liability law gives many victims a clear path to compensation, insurance companies may still dispute the value of your claim or raise defenses based on the facts of the incident.
At Willcox, Buyck & Williams, P.A., we can evaluate your case, explain your legal options, and pursue the compensation you deserve. If you were injured by a dog, contact us today for a consultation.