South Carolina has adopted a strict liability standard in dog bite injury law. The owner of the dog is liable for all injuries resulting from a dog attack suffered by those who are in a public place or lawfully upon private property. Most cases do not require any prior biting history of the dog biting others.
Damages from a dog bite attach can be extraordinary. Dog attacks have been known to cause loss of human life, substantial medical bills, pain and suffering, lost wages, permanent disfigurement, and emotional distress. In the event that the dog is a vicious breed or has a substantial history of prior attacks you may also be entitled to additional punitive damages.
In order to seek recovery for damages after a dog bite attack it is necessary to determine who owns or harbors the dog. Often times after a severe attack the owner may try to distance themselves from liability by falsely denying ownership or alleging that it was provoked and its attack was only in self defense. It is often times important to work as quickly as possible after an attack to identify and obtain legal evidence of the ownership of the dog.
In most all cases a dog bit settlement or damages award is paid for by the dog owner’s insurance company. A South Carolina Dog Bite attorney will investigate the facts surrounding not only the dog attack but the dog itself, its ownership and prior history. This information is necessary to establish the liability of legal responsibility for the attack. The amount of the settlement or damages award will be determined by those factors as well as the viciousness of the attack, amount of the medical bills, cost for any cosmetic or corrective surgery and other related expenses.
James R. Snell, Jr., is a . He operates the Law Office of James R. Snell, Jr., LLC, 316 South Lake Drive, Lexington, South Carolina 29072. You can learn more about his practice by visiting or by contacting him at (803) 359-3301.
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How many people die every year as a result of dog bites?
Answer.
Ten to 20 people die every year as a result of dog bites in the U.S. By far, the majority of the victims are children. In a three-year period between 1999 and 2001, 33 people died after being bitten by a dog. A vast majority of these victims (24 of 33) were under 12 years of age.
Question.
Why do some dogs bite?
Answer.
There are many reasons why a dog bites. Dogs bite out of fear or to protect their territory or to establish their dominance over the person bitten. Some owners mistakenly teach their dogs that biting is an acceptable form of play behavior. And every year a number of newborn infants die when they are bitten by dogs who see them as “prey.” Because dog bites occur for a variety of reasons, many components of responsible dog ownershipincluding proper socialization, supervision, humane training, sterilization, and safe confinementare necessary to prevent biting.
Question.
Which dogs most commonly bite? Are some breeds more likely to bite than others?
Answer.
The breeds most commonly involved in both bite injuries and fatalities changes from year to year and from one area of the country to another, depending on the popularity of the breed. Although genetics do play some part in determining whether a dog will bite, other factors such as whether the animal is spayed or neutered, properly socialized, supervised, humanely trained, and safely confined play significantly greater roles. Responsible dog ownership of all breeds is the key to dog bite prevention.
Question.
How can local laws prevent dog bites?
Answer.
The most effective dangerous dog laws are those that place the legal responsibility for a dog’s actions on the owner rather than on the dog. The best laws hold the owner accountable for the bite victim’s pain and suffering, and mandate certain corrective actions such as spay/neuter and proper confinement of the dog. For more information on legislation that will effectively reduce dog bites in your community, contact The HSUS. For guidance on developing a dog bite prevention plan in your community, read the American Veterinary Medical Association’s A Community Approach to Dog Bite Prevention.
Question.
What should I do if I am bitten by a dog?
Answer.
If you are bitten or attacked by a dog, try not to panic.
º Immediately wash the wound thoroughly with soap and warm water.
º Contact your physician for additional care and advice.
º Report the bite to your local animal care and control agency. Tell the animal control official everything you know about the dog, including his owner’s name and the address where he lives. If the dog is a stray, tell the animal control official what the dog looks like, where you saw him, whether you’ve seen him before, and in which direction he went.
Question.
Can children be taught to avoid being bitten by a dog?
Answer.
Yes, just as we teach our children to practice safety in other situations, we can teach them to be safe around dogs. The most important lessons for children to learn are not to chase or tease dogs they know and to avoid dogs they don’t know.
Question.
Is there any way I can “bite-proof” my dog?
Answer.
There is no way to guarantee that your dog will never bite someone. But you can significantly reduce the risk. Here’s how:
º Spay or neuter your dog. This important procedure will reduce your dog’s desire to roam and fight with other dogs, making safe confinement an easier task. Spayed or neutered dogs are three times less likely to bite.
º Socialize your dog. Introduce your dog to many different types of people and situations so that he or she is not nervous or frightened under normal social circumstances.
º Train your dog. Accompanying your dog to a training class is an excellent way to socialize him and to learn proper training techniques. Training your dog is a family matter. Every member of your household should learn the training techniques and participate in your dog’s education.
º Never send your dog away to be trained; only you can teach your dog how to behave in your home.
º Teach your dog appropriate behavior. Don’t play aggressive games with your dog such as wrestling, tug-of-war, or “siccing” your dog on another person. Set appropriate limits for your dog’s behavior. Don’t wait for an accident. The first time he exhibits dangerous behavior toward any person, particularly toward children, seek professional help from your veterinarian, an animal behaviorist, or a qualified dog trainer. Your community animal care and control agency or humane society may also offer helpful services. Dangerous behavior toward other animals may eventually lead to dangerous behavior toward people, and is also a reason to seek professional help.
º Be a responsible dog owner. License your dog as required by law, and provide regular veterinary care, including rabies vaccinations. For everyone’s safety, don’t allow your dog to roam. Make your dog a member of your family: Dogs who spend a great deal of time alone in the backyard or tied on a chain often become dangerous. Dogs who are well-socialized and supervised rarely bite.
º Err on the safe side. If you don’t know how your dog will react to a new situation, be cautious. If your dog may panic in crowds, leave him at home. If your dog overreacts to visitors or delivery or service personnel, keep him in another room. Work with professionals to help your dog become accustomed to these and other situations. Until you are confident of his behavior, however, avoid stressful settings.
Question.
What should I do if my dog bites someone?
Answer.
If your dog bites someone, act responsibly by taking these steps:
º Confine your dog immediately and check on the victim’s condition. If necessary, seek medical help.
º Provide the victim with important information, such as the date of your dog’s last rabies vaccination.
º Cooperate with the animal control official responsible for acquiring information about your dog. If your dog must be quarantined for any length of time, ask whether he may be confined within your home or at your veterinarian’s hospital. Strictly follow quarantine requirements for your dog.
º Seek professional help to prevent your dog from biting again. Consult with your veterinarian, who may refer you to an animal behaviorist or a dog trainer. Your community animal care and control agency or humane society may also offer helpful services.
º If your dog’s dangerous behavior cannot be controlled, do not give him to someone else without carefully evaluating that person’s ability to protect him and prevent him from biting. a Because you know your dog is dangerous, you may be held liable for any damage he does even when he is given to someone else.
º Don’t give your dog to someone who wants a dangerous dog. “Mean” dogs are often forced to live miserable, isolated lives, and become even more likely to attack someone in the future. If you must give up your dog due to dangerous behavior, consult with your veterinarian and with your local animal care and control agency or humane society about your options.
Christopher M. Davis is the managing partner of Davis Law Group. He brings over 15 years of practical yet innovative experience to personal injury cases. He practices law in Seattle, WA. You can learn more about Mr. Davis at or . Copyright 2007 Christopher M. Davis.
In Michigan, the law recognizes three potential causes of action arising out of a : (1) statutory strict liability; (2) common-law strict liability; (3) and common law negligence (including statutory and ordinance violations).
Michigan has enacted statutory strict liability under what is commonly referred to as the dog-bite statute. Under this law, if a dog bites a person, without provocation, while the person is on public property, or lawfully on private property, including the property of the owner of the dog, the owner of the dog is be liable for any damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.
This means that if someone is bitten while lawfully on public or private property, the owner of the dog is automatically liable for any injury or damage the dog causes as long as the dog was not provoked. In addition, the law makes clear that people considered lawfully on the private property of the owner includes social guests, friends, family members, contractors, postal employees, utility company workers, newspaper carriers, and others who were invited onto the property for a business or social purpose.
In addition to strict liability under the dog-bite statute, Michigan law recognizes two other potential causes of action arising out of a dog attack incident: common-law strict liability and common law negligence (including statutory and ordinance violations).
A cause of action for common law strict liability attaches for harm done by a dog or domestic animal where three elements are present: (1) one is the owner or possessor of the animal; (2) one knew or should have known of the animal’s abnormal dangerous propensities; and (3) harm results from the dangerous propensity that was known or should have been known. This means that if someone owns or harbors a vicious dog and a person is harmed as a result of the dog’s vicious behavior, then the owner or keeper of the dog will be liable under common law strict liability.
Next, a cause of action under common law negligence is available without regard to whether the owner, keeper, or possessor had knowledge of the dog’s dangerous propensities if that person was negligent in failing to prevent foreseeable harm and that negligence resulted in an injury. This means that the dog or animal owner may be liable if the injury occurred because the dog owner was unreasonably careless in controlling the dog. This can include not putting a leash on the dog, the lack of a proper sign in warning citizens of a vicious dog, and simply not paying attention to the actions of the dog.
Many times, the owner is automatically liable for failing to properly have the dog restrained or on a leash under city ordinances and rules. This might include in a public park or just somewhere in the neighborhood. Dog owners are also responsible for attacks in these places.
Some people believe that the one-bite rule is the law in Michigan. This rule means that the owner is not liable or responsible if the dog had never bitten anyone before your incident. This law does not exist in Michigan and dog owners are not entitled to a free bite.
Lawrence J. Buckfire is a Michigan personal injury, dog bite, car accident, and medical malpractice lawyer. He is the author of several books and has achieved the highest possible rating for ability and integrity in the legal profession. For more information on his firm visit http://www.buckfirelaw.com or call at (800) 606-1717.
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Two days ago my dog nipped a neighbor walking by. This neighbor shows up at my door today with a slight bruise, and “supposedly” he has proof that my dog tore his jeans. I was there, and my dog DID NOT tear his jeans, and only nipped him. Furthermore, my dog showed my neighbor made him uneasy by barking and growling at him, yet my neighbor insisted on petting him on the head despite these warning, resulting in him being nipped. Now, he was at my door threatening me and my parents, saying such things as “I’m going to shoot your dog. You better watch out. Your house is gonna be in trouble too.” He kept insisting I pay his medical bills, which I will be glad to do. I even work in the ER and so do my parents (we’re ER nurses), and offered to take him there, where he does not have to wait to be seen. He refused and said he does not need the hospital, and did not even go to see a doctor. I asked why it took so long for him to approach me, and his response was, “I was hanging out with my girlfriend.” The police was called because he became verbally aggressive and threatening us again. The police thought he was on something, but offered to call EMS to see him. Again he refused. When asked why he tried to pet the dog, when the dog clearly was threatened by him, his response is, “I was gonna punch it in the face. Thats why I got close.” To make a long story short, the police wasn’t buying his story and was quite annoyed with him, and asked him to go home and not come back here. On a side note, his behavior shifted from erratic to calm within a short period of time, so I suspect he was high when he showed up at my door. My question is, what am I liable. Since it took so long for him to report this to me, will I be sued? My dog is not vicious, and this is the first time anything like this happened. Young children and my other neighbors ask to see him all the time, so clearly he isn’t vicious. In fact I worry that he is too friendly sometimes, although for some reason this guy set him off. Also, will my dog be put down? I’m very worried, and would appreciate any help.
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