No One-Bite Rule in South Carolina

By the FigureMyTax Editorial Team · How we calculate

South Carolina is a strict liability dog bite state.

The statute

S.C. Code 47-3-110 provides that if a person is bitten or otherwise attacked by a dog while in a public place or lawfully in a private place, including the property of the dog owner or other person having the dog in his care or keeping, the dog owner or other person having the dog in his care or keeping is liable for the damages suffered.

No prior knowledge needed

The owner is liable regardless of whether the dog has any prior history of aggression. The statute covers attacks beyond bites.

Provocation

The section does not apply if the person who was attacked provoked or harassed the dog and that provocation was the proximate cause of the attack; provocation can include abusing, teasing or harassing a dog.

Trespassers

The statute protects people in public places or lawfully in private places, so a dog owner cannot be held strictly liable if the dog attacked someone who was trespassing.

Keepers too

The text reaches the owner and any other person having the dog in his care or keeping, such as a dog sitter, walker or kennel.

Deadline

Dog bite claims have three years under S.C. Code 15-3-530.

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.