In the aftermath of a dog attack, the injury and physical pain are often compounded by a confusing maze of legal questions. In South Carolina, the law is designed to protect victims, but the path to recovery can look very different depending on where the attack occurred. Specifically, whether a dog is owned by a homeowner or a tenant in a rental property can significantly shift how we approach your claim.
At Bauer & Metro, P.C., we believe our neighbors deserve clarity and a steady hand when navigating these difficult moments. Understanding the nuances of property types is one of the first steps toward securing the justice you deserve.
Strict Liability in South Carolina Regarding Dog Bites
South Carolina is a strict liability state for dog bites. Under S.C. Code § 47-3-110, the owner is generally held responsible if their dog bites or attacks another person in a public place or lawfully in a private place. Unlike some states, South Carolina does not have a "one-bite rule"—you do not have to prove that the owner knew the dog was dangerous beforehand.
However, "proving liability" involves more than just identifying the dog. It requires identifying the responsible parties and the insurance policies available to cover your medical bills and trauma.
Case 1: Owner-Occupied Properties
When an attack occurs at a home owned by the dog’s owner, the process is usually direct. Most homeowners' insurance policies cover dog bite injuries.
In these cases, we look to the homeowner's policy to provide compensation. The challenge often arises when insurance companies attempt to use "comparative negligence" arguments, claiming the victim provoked the dog. Our role is to protect you from these tactics and ensure the owner is held fully accountable.
Case 2: Rented Properties and Landlord Liability
Proving liability in a rental situation is more complex. While the dog owner (the tenant) is still strictly liable under state law, many tenants do not carry renters' insurance. This can leave victims in a position where the responsible party has no means to pay for the damages.
In certain circumstances, we may investigate whether the landlord or property management company shares liability. To hold a landlord responsible in South Carolina, we generally must prove:
- The landlord knew the dog was "vicious" or had a history of aggression.
- The landlord had the authority to remove the dog (such as a "no-pets" clause in the lease), but failed to act.
- The attack occurred in a "common area" under the landlord's control.
Why the Distinction Matters
Identifying the right source of recovery is essential. A rental property attack may require an investigation into lease agreements and prior complaints filed against the tenant. An owner-occupied attack requires a deep dive into homeowners' policy exclusions, as some insurers "blacklist" specific breeds.
Your Path to Recovery
You shouldn't have to carry the burden of legal research while you are trying to heal. Whether the attack happened at a neighbor’s house or a local apartment complex, our team at Bauer & Metro, P.C. is here to investigate the details and fight for your rights. We care about the community, and we fight for the injured. Let us help you find the way forward.
If you or a loved one has been injured, contact us today at (843) 920-2844 for a free consultation.