South Carolina takes dog bites seriously and has the laws to prove it. In many–probably even most–dog bite cases, the dog’s owner bears liability. However, some situations may warrant holding other parties accountable. For example, if you are bitten on a rented property, can a landlord be held liable for a dog bite? The answer is maybe.
A North Charleston dog bite lawyer can answer this question and others you have about pursuing a dog bite claim. We have been providing South Carolina dog bite victims with sound guidance and effective advocacy for over a decade. Connect with us for a free case review and representation you can trust.
An Overview of South Carolina’s Dog Bite Laws
South Carolina follows strict liability dog bite laws. Some states follow a one-bite rule, which often allows dog owners to avoid liability upon their dog’s first bite or attack since the owner presumably did not know the dog was dangerous. Under strict liability, dog owners are not granted this one-time pass.
According to South Carolina Code of Laws 47-3-110, if an individual is in a public or private space lawfully when injured by a dog, the dog’s owner or “person having the dog in the person’s care or keeping” bears financial liability for those damages. The victim may have been expressly invited onto the dog owner or keeper’s property or be there by implied invitation. For example, postal carriers enter a property by implied invitation.
If a dog has bitten you, reach out for help from a dog bite attorney from Shelly Leeke. Most likely, your claim will be against the dog’s owner or keeper. However, if the dog was on property owned by a landlord, the landlord may be liable for the dog bite, and an experienced lawyer can help you fight for fair compensation.
In-depth Look at Landlord Liability for a Dog Bite
Landlords have responsibilities. Like any property owner, they must uphold a legal obligation–a duty of care–to those who live on or visit their properties. This obligation requires them to keep their premises safe, like common areas and apartment dwellings, from known hazards, and sometimes, that obligation extends to dog bites.
Identifying responsible parties in any personal unjust case is important. The attorneys at Shelley Leeke have the experience and skill to identify those who may be responsible for obtaining the best justice for our clients.
Is a Landlord Responsible if a Tenant’s Dog Bites Someone in a Common Area?
If a dog bite occurs in a common area of an apartment complex or other multi-family dwelling, the landlord may be liable. Under Code 27-40-440(a)(3), landlords are required to keep common-use areas in reasonably safe condition. If a landlord knows a dog kept on the property is potentially vicious, and that dog bites someone, the victim may have grounds to hold the landlord accountable.
Clea v. Odom is one South Carolina court case that states a landlord may be held liable for a dog bite occurring in a common area. In this case, referenced in another State of South Carolina case, a landlord allowed a dog-owning tenant to keep his dog chained to a tree in a common area between two apartment buildings for almost ten years. When a toddler was attacked by the dog, the landlord, who, according to court reports, had interacted with the animal and knew it had previously attacked another child, was found liable.
If a Tenant’s Dog Bites Someone, Is the Landlord Responsible?
Sometimes, a landlord can be held liable for a dog bite when the bite occurs on the landlord’s property, and the dog is under the landlord’s care, though it is owned by someone else. Perhaps the landlord cared for the dog–walked and fed it–while the owner was away or at work. In exercising this control over the dog, the landlord assumes the duty of care assigned to dog owners or keepers under the South Carolina dog bite law.
A landlord may also face liability if they fail to exercise control over a dog by removing it from a leased or rented property, but the terms of the lease agreement factor into this scenario. If the agreement states the landlord can demand tenants remove a vicious dog or allows a landlord to evict a tenant who keeps a vicious dog and the landlord fails to act in time to prevent a bite, victims may have grounds to hold the landlord responsible. In the South Carolina case Bruce v. Durney, the SC Supreme Court opened the door to holding a landlord liable if the landlord knows tenants have a dangerous dog on the property. The landlord has the legal duty to remove the animal.
An experienced attorney from Shelly Leeke will examine lease terms, investigate the landlord’s knowledge of the dog’s viciousness, and gather evidence for your dog bite lawsuit if your situation warrants.
Other Factors Affecting Liability
There are limits to when a dog owner or landlord can be held liable for a dog bite. A person may provoke a dog through physical or verbal taunts. If the dog responds by attacking, the provocation may be the determined cause of the attack, not the dog owner or landlord’s negligence.
Holding a landlord liable for a dog bite is also improbable if the person bitten was trespassing. With very few exceptions, property owners are not responsible for injuries sustained by individuals on the property unlawfully. That said, do not assume you do not have legal recourse for a dog bite against a dog owner or landlord without first speaking to a knowledgeable dog bite lawyer from Shelly Leeke.
Get Exceptional Legal Help for Your Dog Bite Case
Dog attacks are traumatic events, leaving victims with potentially serious psychological and physical injury. Deep lacerations, nerve and soft-tissue damage, broken bones, infection, permanent scarring or disfigurement, and other severe damage are possible consequences.
If a landlord’s–or other party’s–negligence prompted your dog bite, reach out to Shelly Leeke for help. There is no guaranteed average dog bite settlement in South Carolina, but our team always fights for maximum compensation so you get the justice you deserve.
