Who is liable if a dog bites me in South Carolina?

1. Liability Standard

South Carolina is a strict-liability state under S.C. Code § 47-3-110. Owners are liable for bites and other injuries caused by their dog regardless of prior viciousness or scienter.

2. Statutory Elements

Plaintiff must show: (a) defendant owned the dog; (b) the dog bit or otherwise attacked plaintiff; (c) plaintiff was in a public place or lawfully on private property; and (d) plaintiff did not provoke the dog.

3. Common-Law "One-Bite" Doctrine

Common-law negligence remains available for non-statutory plaintiffs.

4. Trespasser Defense

The statute requires lawful presence. Trespassers must rely on common-law theories.

5. Provocation Defense

Provocation is a complete defense to statutory liability.

6. Comparative Fault

South Carolina's modified comparative-fault rule (Nelson v. Concrete Supply Co.) bars recovery if plaintiff is greater than 50% at fault.

7. Landlord Liability

Landlords are generally not liable absent actual knowledge of vicious propensities and the ability to remove the dog.

8. Homeowner's Insurance

South Carolina homeowner's policies typically cover dog bites; breed exclusions are common.

9. Damages

Medical bills, lost wages, scarring, disfigurement, future surgeries, and pain and suffering.

10. Criminal Liability

Under S.C. Code § 47-3-760, owners of dangerous dogs that cause serious injury face misdemeanor or felony charges.

This is legal information, not legal advice.