When you are taking a walk through your neighborhood, the last thing you expect to happen is for a dog to come charging down the street and attack you. When a dog bite occurs in a public place, it’s excruciating, often requires stitches, and can lead to severe emotional trauma for the victim.
In South Carolina, dog owners are liable for their dogs’ actions. That includes a dog bite in a public place. This incident is covered under strict liability law, and if it has happened to you, you may recover compensation for things like medical care, psychological trauma, and lost wages. You must understand South Carolina law and your legal options, especially when it comes to the liability of pet owners for dog attacks on public roads, so you can seek the justice you deserve.
Can You File a Claim for a Dog Bite in a Public Place?
Yes, in South Carolina, there is a strict liability law for dog owners. This applies whether the dog bites someone in a private or public area. Under this law, you must not prove the owner was negligent. A dog attack is treated as a serious matter for which the owner is responsible.
In South Carolina, this rule applies even with the first bite. Some states follow a one-bite rule, which states that an owner will not be held liable for the first time their dog bites unless they know of the possibility. In South Carolina, that rule does not exist, and an owner will be held responsible for the bite, whether or not they knew of the dog’s aggression or it was a first bite. The only time the owner might not be held liable is if you were somehow trespassing or provoking the dog.
Who May Be Held Liable?
In South Carolina, if you are the victim of a dog bite when you are acting lawfully or are on public property, the owner or handler of the dog is liable. If a leash law exists or there are any public safety ordinances that the owner or handler ignored, you may be able to claim premises liability.
It’s essential to document the situation. A dog owner may try to use a provocation defense. This would shift liability if you were teasing, harassing, or provoking the dog in any way.
How Leash Laws and Local Ordinances Affect Your Case
Leash laws are meant to prevent accidents involving dogs. These laws mean a dog cannot run wildly outside the owner’s control. Failure to follow this law can prove the dog owner’s responsibility and help support your case.
Furthermore, many counties within South Carolina have enacted additional public safety ordinances, including restrictions on breeds that are considered dangerous. Just like with leash laws, these agreed-upon rules must be followed. Violations provide further grounds for claims.
What Legal Rights Do You Have in a Dog Bite Case?
If you’re suffering from a bite injury after a dog attacked you in a public place, it’s essential to know what your legal rights are. After all, the law protects you completely under strict liability. You may pursue compensation for pain and suffering:
- Medical treatment compensation, including emergency care and hospital visits, rabies vaccinations, and plastic surgeries
- Emotional trauma damages, including PTSD treatment, and loss of enjoyment of life
- Lost wages, from missed days of work to loss of earning capacity
- Additional damages for scarring and disfigurement
The amount of compensation you are eligible for depends on the details of your case. This is one of the reasons it’s critical to speak with a personal injury attorney in South Carolina. They can value your case appropriately so that you don’t unknowingly settle for less than you deserve.
What Steps Should You Take Immediately After a Dog Bite?
A dog bite can be a terrifying incident to be involved in. It’s rarely something you expect, as you assume that the owners of a dog will control them appropriately. This type of attack can change your body physically with scarring and emotionally with PTSD. What’s more, in the moments of the attack, it can be tough to process what steps you should take. You may not even be thinking about legal actions.
Here is a list of actions you should take immediately after a dog bite:
- Seek medical attention right away
- Document the injuries and photograph the dog and the scene
- Report the incident to animal control or authorities
- Keep your medical records
- Gather owner information and witness contacts
- Consult an attorney who knows about leash laws and dangerous dog designations in South Carolina
It’s essential to follow these simple steps to preserve the strength of your case. Let your lawyer do the heavy lifting, but be sure to hand them as much clear, substantial evidence as possible. It will help them as they build your case and fight for you. It will also help them determine the value of your case so you can pursue maximum compensation.
Why You Should Contact Maxey McFarland Law After a Public Dog Bite
At Maxey McFarland Law, we focus on personal injury law. That includes injuries from dog bites in South Carolina. We understand South Carolina’s strict liability laws, know how to hold dog owners accountable, and are ready to stand by your side in seeking justice.
Our team will gather medical evidence, witness statements, and review policy coverage. We will fight to recover your maximum compensation, including damages for economic and emotional trauma.
If a dog owner violates a leash law or otherwise allows their pet to cause you physical and emotional harm, we’re here to help. We make the legal battle as easy as possible for you, not only because we’ll handle the matters of the law on your behalf, but because we work on a contingency fee basis. That means you won’t pay us unless we win your case. Let our team guide you through recovery and legal steps. Contact us at (864) 900-4231 for a free initial consultation.