While many dogs are friendly and dependable companions, even pets who have never attacked anyone before can be surprisingly vicious if they feel physically threatened or think someone is intruding on their territory. Fortunately, state law is fairly generous when it comes to the rights it gives people injured by dog bites to seek monetary damages from the owner of the dog that attacked them.
That said, there are also several unique rules, restrictions, and possible procedural roadblocks that could get in your way if you try to pursue a case without guidance from a capable personal injury attorney. If you were seriously injured by someone else’s dog, you should work closely with a Goose Creek dog bite lawyer from Miller | Conway. Our guidance will be key to getting the most out of your lawsuit or settlement demand.
Strict Liability for Dog Bites
Some states have so-called “one bite rules” that give dog owners (who had no idea their dogs could be vicious or aggressive) some leeway when it comes to civil liability for bite injuries. South Carolina is not one of those states. Instead, South Carolina Code of Laws § 47-3-110 holds dog owners “strictly liable” virtually any time their dog bites or otherwise attacks and injures another person. This means that you do not have to prove the dog’s owner was “negligent” in a specific way in order to proceed with a claim.
There are only three major exceptions to this “strict liability” rule provided for under this statute, all of which a Goose Creek dog bite attorney could explain in further detail. First, dog owners typically are not strictly liable for injuries their dog causes by biting or attacking a trespasser on their property. They could still be liable for intentionally directing their dog to attack you or negligently failing to keep their dog contained within their property.
Second, strict liability does not apply in situations where the bitten person harassed, attacked, or otherwise provoked someone else’s dog into biting them. Finally, people who get bitten by properly trained police dogs performing their official duties, based on a command from a qualified officer, generally cannot file suit over any injuries they suffer as a result.
Recovering Fairly Within Filing Deadlines
A knowledgeable lawyer from Miller | Conway can help factor both economic and non-economic losses into a claim over a dog attack in Goose Creek, including:
- All past and future bills for medical care
- Past and future loss of wages and working ability
- Personal property damage
- Psychological trauma and distress
- Physical pain and suffering
- Lost enjoyment/quality of life
However, it is important to get started on such a claim sooner rather than later. S.C. Code § 15-3-530 typically gives you only three years maximum after initially getting hurt to begin the litigation process. Failing to file before this deadline expires will almost always lead to your case being thrown out of court, leaving you with no way to get monetary damages for your injuries.
Seek Help from a Goose Creek Dog Bite Attorney
Dog bites can cause painful and physically debilitating injuries that can sometimes leave lifelong scars even with quick medical treatment. If you had an encounter with an overly aggressive dog, and suffered an injury serious enough to require medical care, you may have important legal rights which Miller | Conway can help you enforce.
A conversation with a Goose Creek dog bite lawyer could put you on the right track towards a positive resolution. Call Miller | Conway today to set up a meeting.