How Dog Owners Defend Themselves from Bite Cases

Each year, millions of Americans end up in the emergency room after a dog bite. These injuries are more serious than many people imagine. Even a minor bite can result in serious infection, pain, and scarring. Some people will remain hospitalized for weeks as they struggle with infection or sepsis.

South Carolina’s dog bite statute empowers victims to sue dog owners for compensation. This law is a critical source of support. But dog owners often aggressively defend themselves, and they could blame you for the attack. Contact Snyder Heitman, LLC, to talk with an experienced lawyer about what steps to take.

Common Defenses to a Dog Bite Claim in South Carolina

Provocation

A person who provokes or harasses a dog cannot receive compensation under the statute. Provocation can take many forms, including throwing rocks at a dog or kicking it. You might also provoke a dog by letting your own dog molest the animal, which strikes back.

Provocation is easy to allege, but the owner needs solid evidence you provoked their dog to bite you. Some evidence includes eyewitness testimony, security cameras, and your own admissions. The provocation or harassment also must incite the animal to bite you. An earlier provocation would not qualify as a defense.

Negligence

A dog bite victim might also negligently cause their own attack. For example, you might not have watched where you were going and ended up stepping on the dog’s tail, causing an attack. Negligence might reduce the compensation you receive.

Some victims cannot be negligent. For example, a small child cannot appreciate their actions, so they are probably not responsible for a dog attack. An adult, however, needs to watch more carefully where they are going.

Comparative negligence can reduce compensation. If you are more than 50% to blame, then you can lose the ability to receive anything.

Trespassing

If you are trespassing, then you have a weaker claim to compensation. The dog bite statute provides rights to someone who is bitten in public or on private property where lawfully present. If you were trespassing, then you do not have a lawful right to be on private property, which can defeat a claim under the statute.

Lack of Injury

Generally, you can only sue for compensation if the dog caused a bodily injury. Being “frightened” is usually not enough. Suppose a dog rushes up to you but doesn’t bite or even touch you. You might have nightmares, but this “near miss” accident cannot form the basis of a legal claim.

The dog’s owner might even minimize real bodily injuries, like scratches, bruises, or bites. They do so to minimize the amount of compensation they pay. Remember not to give a recorded statement, which can reduce what you receive.

Contact Snyder Heitman for a Free Consultation

South Carolina provides accident victims with a limited amount of time to file a lawsuit. Call our firm to speak with a dog bite lawyer in Greenville, Spartanburg, or Upstate South Carolina. We can spring into action to file a claim and protect your legal rights.

Source:

law.justia.com/codes/south-carolina/title-47/chapter-3/section-47-3-110/