Common Misconceptions About Dog Bite Cases in South Carolina
Dog bite incidents can be traumatizing. Victims of dog bites are often left dealing with physical injuries, emotional injuries, and financial damages, such as medical expenses and lost wages. In South Carolina, after someone is involved in a dog bite incident, they may be able to file a legal claim against the dog owner and seek compensation. Unfortunately, when it comes to dog bite claims, several misconceptions abound. Understanding the truth behind these misconceptions is vital for dog owners and potential claimants. In this article, we debunk some of the most common misconceptions about dog bite cases in South Carolina and provide clarity on dog bite laws in SC.
#1: South Carolina Follows the One-Bite Rule
One of the most prevalent misconceptions about dog bite cases in South Carolina is that a person is only liable for a dog bite injury if their dog has bitten someone before. However, this is not true. South Carolina is not one of the states that follow the one-bite rule. South Carolina follows the “strict liability” rule. Under this rule, a dog owner is liable if their dog bites someone, even if they behaved responsibly and did not know their dog could attack or bite.
#2: I Cannot Sue if It Was Just a Minor Dog Bite Injury
Another prevalent misconception is that a dog bite injury has to be severe for you to seek compensation. In South Carolina, a dog bite injury does not have to be severe for you to seek compensation from the dog owner. However, the severity of your injury can impact the compensation available to you. More severe injuries usually result in higher compensation. While you may still be entitled to recover compensation even if your injury is minor, your compensation may be lower.
#3: I Cannot File a Claim if I Was Trespassing
Indeed, in some cases, trespassing absolves the property owner of liability. However, this is not always the case. Simply because you trespassed on someone’s property does not automatically mean you cannot file a compensation claim. In South Carolina, landowners have a duty to trespassers to not willfully harm them. Landowners might not have a duty to warn trespassers about dangerous conditions, but they have a duty not to inflict harm on trespassers willfully. This means you may have a legal claim against a property owner for a dog bite if they acted willfully and wantonly or beyond simple negligence.
Cases involving trespassing can be complex, so it is best to speak to an attorney.
#4: Victims Have Unlimited Time to File a Claim
Another misconception surrounding dog cases in SC is that victims have unlimited time to file a claim for a dog bite injury. The truth is that according to South Carolina law, someone injured by a dog bite in SC generally has three years from the injury date to file a lawsuit in court. If a lawsuit is filed after this deadline has passed, the case will almost certainly be thrown out without consideration.
Contact the Gus Anastopoulo Law Firm
If you have been involved in a dog bite incident in South Carolina, contact our skilled Charleston dog bite lawyer at Gus Anastopoulo Law Firm to schedule a free consultation and discuss your case.
