If I am Bitten by a Dog or Other Animal, who is my Case Against?

If you have been bitten by a dog in South Carolina, your claim may potentially be against the dog owner or a person who had the dog in their care or keeping. To ensure all responsible parties are held accountable, contact the Shelly Leeke Law Firm to speak with an experienced Charleston dog bite lawyer during a free case evaluation. South Carolina’s dog bite statute makes those people liable when a dog bites or attacks someone who is in a public place or lawfully in a private place, subject to certain exceptions.

If you are asking, “Who is my case against if bitten by a dog?”, keep in mind that:

• A property owner or landlord may be separately responsible in some situations, under general negligence principles rather than the dog bite statute.
• Attacks by animals other than dogs are generally evaluated under different legal principles.
• In practice, recovery often depends on what insurance coverage, if any, applies.

Because these questions depend on the facts, a South Carolina dog bite lawyer can help identify who may be responsible and what coverage may apply.

What Does South Carolina’s Dog Bite Law Say?

The key statute is S.C. Code 47-3-110. Under strict S.C. Code 47-3-110 dog owner liability rules, in plain English, it provides that if a person is bitten or otherwise attacked by a dog while in a public place, or while 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.

Being “lawfully” on private property, including the dog owner’s own property, generally means:

• You were there performing a legal duty, such as delivering mail.
• You were there by express or implied invitation of the property owner or a lawful tenant or resident.

This rule makes liability depend on meeting the statute’s conditions, not on proving that the owner was careless or knew the dog was dangerous. Whether the statute applies to a particular South Carolina dog bite claim still depends on the facts.

Can I Have a Claim Against Someone Other Than the Dog’s Owner?

Possibly. The statute applies both to the dog owner and to any “person having the dog in the person’s care or keeping.” That can include someone who does not own the dog but was responsible for it when the attack happened, such as a person dog sitting, walking, boarding, or housing the dog. If a dog walking service in Mount Pleasant lost control of a dangerous animal, a Mount Pleasant animal attack attorney can hold that service financially accountable. 

Whether someone had the dog in their “care or keeping” is a fact question, and it may matter when the owner was not present or cannot be found.

What If the Dog Wasn’t at the Owner’s Home? Can the Property Owner Be Responsible?

A property owner or landlord who neither owned nor cared for the dog is generally not the target of the dog bite statute itself. However, securing a North Charleston landlord liability lawyer is vital because a separate claim may exist under general negligence and premises liability principles, depending on the facts. The questions typically include:

• Did the property owner know the dog was dangerous?
• Did the property owner have the ability to control the situation, such as authority to require its removal or to repair a broken fence?
• Did the property owner fail to act reasonably?

This is a different legal theory with different proof requirements from the statute. It does not apply automatically just because you were bitten on someone’s property. Learn more on our premises liability page.

What If I Was Attacked by an Animal Other Than a Dog?

Section 47-3-110 applies to dogs. If you need a Greenville exotic pet injury attorney, be aware that if you were bitten or injured by another animal, such as a cat, a horse, or other livestock, or an exotic pet, the dog statute generally does not apply. The claim is generally evaluated under ordinary negligence principles instead. Common questions include:

• Did the owner know, or should they have known, that the animal could be dangerous?
• Did the owner take reasonable steps to control or confine the animal?
• Did any local ordinance or other law about keeping that animal apply?

These claims can be harder to prove than a claim under the dog statute. That makes early evidence especially important, such as prior incidents, complaints, and animal control records. A dedicated Columbia animal control dog bite lawyer can subpoena DHEC and animal control incident histories to prove negligence.

Are There Defenses That Can Affect Who Is Responsible in Case I Have Been Bitten by a Dog?

Yes. Under 47-3-110:

• Provocation. If a person provokes a dog into attacking him, the statute says the owner is not liable.
• Not lawfully on the property. The statute covers people in public places or lawfully on private property, so someone who was unlawfully on the property may fall outside it.
• Certain police dogs. The statute has an exception for certain trained law enforcement dogs acting in the performance of their duties.

Defense insurance adjusters aggressively utilize the South Carolina comparative negligence 51 percent rule to shift the blame onto you. Separately, South Carolina’s comparative negligence rules may be raised, depending on the facts. Whether any defense applies is fact-specific and does not mean a claim is barred.

Can More Than One Party Be Responsible?

Sometimes. Depending on the facts, more than one party could be involved. Examples include the owner and a separate person caring for the dog, or the owner and a property owner who knew of the danger. Identifying every potentially responsible party, and each party’s insurance, is a core part of investigating a South Carolina dog bite claim.

Where Does the Money Actually Come From? Understanding Insurance Coverage

Homeowner’s and renter’s insurance policies often include personal liability coverage that may respond to a dog bite claim. This is not universal:

• Coverage depends on the specific policy’s terms, limits, and exclusions.
• Some policies exclude or limit coverage for certain animals.
• Some dog owners have no applicable insurance.

If your bite resulted in severe complications requiring emergency surgical intervention that was botched, the South Carolina damages caps 2026 adjustments limit medical malpractice non-economic recovery against an individual provider to 596,001 dollars. If no insurance applies, recovery may depend on the responsible party’s personal assets, which may be limited.

A lawyer can help find out what coverage exists, including policies held by a keeper or property owner. The South Carolina Department of Insurance offers consumer information on homeowner’s and renter’s insurance.

How Long Do I Have to File a Claim?

Many South Carolina injury claims must be filed within three years under S.C. Code 15-3-530, but exceptions exist, including for claims involving government entities and for minors. Because the S.C. Code 15-3-530 statute of limitations carries rigid exceptions, prompt action is necessary. If a formal lawsuit is required, your attorney will file it at the Ninth Judicial Circuit Charleston County Court of Common Pleas or the applicable local venue. 

For more on deadlines and how claims progress, see our FAQ on how long a dog bite case takes to resolve.

How Can a South Carolina Dog Bite Lawyer Help Identify Who Is Responsible?

A South Carolina dog bite lawyer can:

• Identify the dog’s owner and anyone who had the dog in their care or keeping.
• Investigate whether a property owner or landlord may share responsibility.
• Determine which legal theory applies if another animal was involved.
• Track down insurance policies and assets.
• Pursue every potentially responsible party.

Shelly Leeke Law Firm works on a contingency basis, meaning no fee unless the firm recovers for you. No lawyer can guarantee a result.

Talk to Shelly Leeke Law Firm About Your Dog Bite or Animal Attack

If you were bitten by a dog or another animal, request a free consultation with Shelly Leeke Law Firm or call (843) 604-3273. The trial team at Shelly Leeke Law Firm Charleston is ready to protect your rights at no upfront cost to your family.