For more information please visit McWhirter, Bellinger, & Associates, P.A.
South Carolina dog bite laws are not very complicated. If you own or are caring for a dog that bites someone, you are liable for damages to the person bitten unless the person who was bitten provoked the dog into the attack.
If your claim that the dog was provoked comes into question or if the plaintiff did not actually provoke the dog, you would benefit from obtaining legal counsel as soon as possible.
Some of the major factors that determine liability include:
· Who had possession of, or was caring for the dog when the bite took place
· On whose property was the dog when the bite took place
· Was the person who was bitten on your property there by invitation, such as a guest, a repairman, etc.
· Was the person who was bitten carrying out any duty imposed by State or Federal Law, such as delivering the mail or enumerating the census
· Did the person who was bitten provoke the dog into attacking him or her
Owner Responsibility
If your dog is considered a “dangerous animal” as defined by South Carolina law, then would be expected to know that this animal is likely to pose a danger to humans or other animals. It is your responsibility to keep him confined in a properly secured and constructed pen, run, or fenced area that is marked to clearly indicate that the animal is dangerous. The dog is not permitted to be unrestrained, even on your premises.
Registration Requirements
If you own a dangerous dog and intend to keep him, he must be registered with your local county law enforcement agency. You must provide proof of insurance or surety bond if you want to keep him. One exception to this law permits animals owned by a licensed security company to patrol in a confined area.
Cautions about Buying or Selling a Dog
It is also illegal to own or train a dog for the purpose of fighting him or for attacking any human beings or domestic animals (including livestock). It is unlawful to buy, sell, or breed a known dangerous dog, without a special license to do so under strictly regulated circumstances.
Fines and imprisonment can be imposed on owners who are convicted of violating these laws.
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