Like many of you, we are dog lovers here at the Mike Kelly Law Group. For my family, and especially before we had children, that meant taking our dogs with us pretty much wherever we went, whether that was the park, the lake, out to eat, and everywhere else short of court and church.
While Americans in general are dog crazy (yes my wife dresses our dog up for holidays and yes we may have watched a few episodes of the Cesar the dog whisperer), many South Carolinians may not be aware of their responsibility and potential liability associated with their canine.
The South Carolina Code of Laws provides that “[i]f a person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place…the dog owner or person having the dog in the person’s care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. S.C. Code Ann. § 47-3-110. See, Harris v. Anderson County Sheriff’s Office, 381 S.C. 357 (S.C. 2009).
In short, if your dog harms another person, you are responsible for the damages as long as that individual was not trespassing onto your property, or provoking your dog. If your dog injures an individual, you will likely be on the wrong end of a claim or lawsuit, with virtually no defense for the actions of your dog absent a trespass or provocation. Contrary to popular belief, there is no “one bite rule” in South Carolina, meaning that you are responsible for damages caused by your dog even if it had not previously displayed any aggressive tendencies or been involved in a prior incident.
How can you minimize the risk of your liability? Below are 4 suggestions to keep in mind:
1. Keep your dog on a leash while in public, and exercise caution when allowing contact with strangers. My dog is a combination of German Shepherd and Golden Retriever (we think) and has protective tendencies. In turn, when I walk my dog in public I do not allow people that he does not know to approach and attempt to pet him. You may want to also consider using a muzzle if your dog is going to be around strangers.
2. Install a fence or invisible fence to prevent your dog from venturing off your property. It seems like common sense, but canines do not always appreciate boundaries. Often times, a person’s natural reaction is to run when a strange dog is approaching, even in a playful manner, which can also lead to injury should that person sustain injury while attempting to flee.
3. You can be liable for injuries caused by your dog even if the incident occurs inside your house or on your property, as long as the guest is lawfully on the premises. Unless your dog is familiar with the guests, it is worth considering whether the dog should be placed in an area removed from contact with the guests. While such a suggestion may seem awkward to those of us that consider our dog a member of the family, since South Carolina law creates no fault liability for the dog owner in the event of damages, it is simply a measures to reduce the chance of an incident.
4. Contact your insurance agent to determine whether you have insurance that would provide coverage should your dog inflict damage. While many homeowners’ policies provide such coverage, there may be exclusions depending upon the breed of the dog. It is worth securing coverage to protect your family should such an unfortunate incident occur, and I would recommend carefully reviewing the policy to ensure that an exclusion does not apply based upon the breed of your dog.
The Mike Kelly Law Group has assisted numerous victims of dog attacks over the years, some sustaining catastrophic injuries. I recently represented the family of a young girl left with permanent scarring after being attacked by the dog of a neighbor who was allowed to wander freely throughout the area. Dogs are truly man’s best friend and reward us in many different ways. However, accidents can happen that leave your family responsible for the consequences. Much of this article is just good common sense, but do not hesitate to contact me at 803.726.0123 or bhewett@mklawgroup.com if you care to discuss this topic further.
For now, a few words of canine wisdom:
“Everyone thinks they have the best dog. And none of them are wrong.” – W.R. Purche
“The average dog is a nicer person than the average person.” – Andrew A. Rooney
“The more I learn about people, the more I like my dog.” – Mark Twain
“Dogs’ lives are too short. Their only fault, really.” – Agnes Slight Turnbull