Are There Specific Laws Regarding Dog Bites in My State?

Each state has its own laws regarding liability for dog bites. States typically fall into one of three categories: either following the “one bite rule,” having mixed dog bite statutes, or imposing strict liability. The compensation that you receive following a canine attack depends heavily on where you live. In this blog, our Gaffney personal injury attorneys at Parker & Bain, LLC, provide an overview of differing dog bite laws and how this can affect your compensation.

“One Bite Rule” States

Under the “one bite rule,” dog owners are permitted one “free” bite before they are held legally responsible for injuries. Said another way, a dog owner will not be forced to pay damages unless they were aware that the dog had a propensity toward aggressive behavior. If the dog has never bitten or attacked anyone, the first attack is the dog’s “one free bite.” After which, the owner will be held responsible if the dog attacks anyone else. States that adhere to the “one bite rule” include Arkansas, North Dakota, South Dakota, Texas, and Vermont.

Mixed Dog Bite Law States

Some states take a middle ground on dog bite damages. Most states with mixed dog-bite statutes will cover only the victim’s medical expenses if the dog has never attacked anyone before. Put simply, strict liability applies only to medical expenses. Other costs, such as lost wages or pain and suffering, require you to show that the dog had a propensity for aggressive behavior. Even if you reside in a mixed dog-bite law state, dog owners can still be found liable for negligence, property damage, or violations of leash laws. States with mixed dog bite laws include New York, Georgia, Tennessee, Oregon, and North Carolina.

Strict Liability States

Strict dog bite liability statutes hold a dog owner legally and financially responsible for any injuries, regardless of the owner’s negligence. Under South Carolina law, a dog’s owner or keeper is legally and financially responsible for injuries if the dog attacks someone in a public place or in a private place where the victim is lawfully present. The strict liability law applies even if the dog has no history of aggression or propensity to bite. However, exceptions to strict liability include situations where the victim provoked the dog or was trespassing on private property, in which case the owner or keeper may not be held liable. In addition to South Carolina, California, Connecticut, Massachusetts, New Jersey, and Utah, strict liability also applies.

How Can Dog Bite Law Impact My Compensation?

The state you live in determines if you can recover damages and how much. In “One Free Bite,” it states that you get no compensation if the dog never attacked before. In mixed law states, only your medical bills are covered. In strict liability states, you may still face exceptions. Because dog bite statutes are complex, it is important to hire a knowledgeable personal injury attorney.

Speak with a Gaffney Dog Bite Lawyer Today

A canine attack can be terrifying and may leave you fearful of what lies ahead. If you have experienced a dog attack in South Carolina, the attorneys at Parker & Bain are ready to help. With over two decades of combined experience, our Gaffney dog bite lawyers know what strategies work best to recover maximum damages in dog bite cases. To schedule a confidential consultation to discuss your matter, contact us online or call (864) 252-2650.