Is South Carolina a strict liability state for dog bites?
Yes. S.C. Code section 47-3-110 makes the dog owner or the person who had the dog in their care or keeping, liable for the damages of someone bitten or otherwise attacked. The words "otherwise attacked" matter if a dog knocked you down without breaking skin.
The rule covers a public place. It also covers a private place, including the owner's own property, when you were there lawfully. You were lawfully there if the owner, a tenant or a resident invited you, even by implication. A duty under state, local or federal law counts too, such as postal work.
Nothing in the statute asks whether the dog bit before. A dog sitter or relative who was keeping the dog that day can be the one who answers.
Provocation and police dog exceptions
The same section lists two exceptions. The first applies if you provoked or harassed the dog and that provocation was the proximate cause of the attack.
The second covers a working law enforcement dog, but only when every condition is met. The bite must follow a certified handler's lawful command and the dog must be trained and certified to state standards. The agency needs a written policy that was followed and the force cannot be excessive.
A bystander is never caught by that exception. If a police dog bit you while you were simply nearby, the strict rule still applies.
South Carolina dog bite statute of limitations
Three years from the bite. S.C. Code 15-3-530 gives three years for any injury to the person and three years for a liability created by statute. So whichever way a dog bite claim is classified, the clock is the same.
Children get added time with a cap. Section 15-3-40 of that chapter keeps the years under 18 out of the count. The extension cannot run longer than one year after the child turns 18. For a young child, that means filing by the 19th birthday.
A county or city dog brings the South Carolina Tort Claims Act. Section 15-78-110 bars the suit unless it is filed no later than two years after the loss was or should have been discovered or three years if you first filed a claim. Section 15-78-120 caps one person's recovery at $300,000 per occurrence.
Comparative negligence in South Carolina
The state Supreme Court set the rule in Nelson v. Concrete Supply Co. You can recover if your negligence is not greater than the defendant's. Your award is reduced by your share.
When several people are sued, your share is weighed against all of theirs combined. An even split still pays half.
Reporting the bite and the ten-day quarantine
The doctor who first treats you must report the bite to the county health department by the end of the next working day, under S.C. Code 47-5-90. If no doctor sees you, the duty falls on you. For a bitten child, it falls on the parent or guardian, on the same timeline.
Next, section 47-5-100 has the health department order the owner to quarantine the dog for at least ten days, at the owner's expense. The report and quarantine notice give you the owner's name and address in an official record. A dog bite lawyer will ask for both first.
Read our steps on what to do after a dog bite for the rest of that first week.
How to report a dog bite in South Carolina
Report the bite to the South Carolina Department of Public Health, which takes bite reports. The South Carolina Department of Public Health, Rabies page sets out the next steps.
Before you sign with anyone, check that the attorney is licensed: use the South Carolina Bar member directory.
