Can I File a Claim if the Dog Owner Was Not Present During the Bite?

Roughly 4.5 million people are bitten by dogs each year, making dog bites a serious concern. While some dog bites are minor, over 300,000 Americans visit the hospital each year to treat their wounds. South Carolina has strict laws regarding dog bites, holding owners strictly liable for any injuries their dog causes under most circumstances.

At Parker & Bain, LLC, our York personal injury attorneys are ready to help you secure the compensation you deserve after a dog bite. Don’t wait, contact our team of experienced legal professionals today to take the first step toward your recovery.

South Carolina Dog Bite Law

Some states impose liability only after the dog shows signs of aggression. These states allow a dog to have a free bite, known as the “one bite rule.” The reasoning? Legislatures believe that an owner should not be held legally responsible for any injuries caused by their dog until the dog shows signs of aggression. South Carolina does not follow the “one bite rule,” instead imposing strict liability. So, a dog owner will be held legally accountable if their dog bites anyone, regardless of the dog’s history. The law applies to public spaces or to any private place where the victim is lawfully present.

Exceptions to the South Carolina Dog Bite Law

South Carolina dog bite laws are on the victim’s side, but there are exceptions listed under SC Code §47-3-110 (B). These include whether the victim provoked or harassed the dog, whether you were trespassing, or whether the dog attacked as ordered by a certified canine officer. Of these, the provocation exception is most often seen. If you were attacked or bitten, the dog owner may attempt to pin liability on you by claiming that you teased the dog. However, the owner must provide evidence showing that you teased, tormented, or harassed the dog and that the provocation was the cause of the attack.

What if the Dog Owner Was Not There When Their Dog Attacked Me?

The person who has custody or control over their dog can be held legally responsible for anyone the dog attacks. It does not matter if the dog owner was not present during the attack. Instead, a successful claim is dependent on you showing that the dog owner failed to control their dog, causing your injuries. Under some circumstances, a property owner or landlord may be held responsible for a dog attack. If you are unsure of which parties are liable, you should speak with a York dog bite attorney who has experience handling these cases.

Attacked by a Dog? Speak with Our York Personal Injury Attorneys Today

A dog attack can cause gruesome injuries, leaving you with overwhelming medical bills. Don’t wait—if you have been injured by a canine attack, our York personal injury lawyers are ready to fight for you. With over 20 years of combined experience, the legal team at Parker & Bain has helped victims recover maximum compensation after a dog bite or attack. Take the first step toward justice today. Contact us online or call (864) 252-2650 to schedule your confidential consultation and start your recovery.