Dog Bite Defenses: Provocation and Trespass

By the FigureMyTax Editorial Team · How we calculate

The statute is strict, but it requires that you were lawfully present and did not provoke the dog.

Provocation

The statute does not apply if the person attacked provoked or harassed the dog and that provocation was the proximate cause of the attack. One firm calls provocation the only meaningful defense to a strict liability dog bite claim in South Carolina.

Lawful presence

The statute covers a person in a public place or lawfully in a private place; strict liability does not apply when the person was trespassing.

Law-enforcement dogs

The section also does not apply to a dog working in a law enforcement capacity, if the dog is certified, the agency has a written policy, the attack complies with the handler's lawful command, and the dog's actions are not excessive force.

Comparative negligence

South Carolina follows modified comparative negligence, so your fault reduces damages and, above 50%, can bar them.

Insurance

Victims can recover through the owner's homeowner's or renter's insurance.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how South Carolina's rules apply to your specific case with a licensed South Carolina attorney.