Animal Bites

Have you or any member of your family suffered an injury from a dog bite?  A dog owner is liable if their dog bites a person while such person is on or in a public place, or is lawfully on or in a private place, including the property of the owner of such dog, is liable for such damages.

It does not always matter whether the dog is vicious or the owner knew the dog could bite.  Of course, if a person knowingly and voluntarily invites attack upon himself, or if, when on the property of the dog owner, a person voluntarily, knowingly and without reasonable necessity, exposes himself to the danger, the owner of the dog is not liable for the consequences.

 Section 47-7-110 of the South Carolina Code of Laws provides in part that:

“It shall be unlawful for the owner or manager of any domestic animal of any description, willfully or negligently, to permit any such animal to run at large beyond the limits of his own lands or the lands leased, occupied or controlled by him.”

Animals other than dogs are not presumed to be dangerous to persons.

To win the plaintiff must prove the particular animal was of a dangerous or vicious nature and that the owner knew or should have known the animal was dangerous.  See Mungo v. Bennett, 238 S.C. 79, 119 S.E.2d 522 (1961); Henry v. Lewis, 327 S.C. 336, 489 S.E.2d 639 (Ct. App. 1997).

Unfair Trade Practices Act <- Back – Next -> Defamation