Dog owners have serious responsibilities to their pets and to those who come in contact with their pets. In South Carolina, owners are strictly liable when their dogs bite or attack someone who enters the owner’s property legally or who encounters the animal in a public place.
Dog owners can expect fines and a potential civil suit if their dog hurts someone else. However, there are some exceptions to this rule, and dog owners and dog groomers need to know how South Carolina’s dog bite rules apply to dog groomers.
Can a groomer sue you if your dog bites them? The team at Shelly Leeke Law Firm is here to provide answers to that question and others. If you have additional concerns or if you have been bitten by a dog and need legal guidance, check out our SC victims handbook and our resources on dog-bite prevention, and connect with an experienced South Carolina dog bite lawyer from our firm right away.
South Carolina’s Dog Bite Laws
South Carolina follows strict liability dog bite laws. Some states allow dogs “one free bite,” meaning a dog owner cannot be sued for a dog bite if it is the dog’s first “offense.” Once the dog takes that first bite, the owner now knows of its tendencies and can be sued if the dog strikes again.
South Carolina does not allow that free bite. Under Statute 47-3-110 of the South Carolina Code, dog owners can be held civilly liable even for a first-time dog bite as long as:
- The victim was in a public place or on the dog owner’s property legally
- The victim did not provoke the animal to attack
- The dog was not working as part of a law enforcement effort
Dog owners can face fines and other penalties on top of a civil suit if their dog is classified as a “dangerous animal.” Dogs fit this category when the owner knows the animal has tendencies for violent behavior and unprovoked attacks. When dangerous dogs bite, owners can face misdemeanor or felony charges, incurring fines of up to $10,000 and prison sentences of up to five years.
How Dog Bite Laws Apply to Dog Groomers
As a dog owner, you probably want to take your pet to the groomer. But South Carolina’s strict liability laws might have you concerned about liability, even if your dog is gentle. While you want your dog to be clean and healthy, you do not want to risk facing a civil lawsuit because your dog bit the groomer.
Going to the groomer is often a stressful experience for dogs, and this anxiety can provoke an out-of-character response for typically calm animals or intensify a nervous dog’s stress response. Lack of familiarity with the groomer and fear for their own safety can cause the dog to bite the groomer as a means of self-protection. The response is basic animal instinct.
Article 2 South Carolina’s dog bite statutes does not include an exception for dog groomers or veterinarians. However, the State recognizes the legal doctrine of “assumption of risk” in its General Rules for Pleading (Affirmative Defenses). This defense can offer dog owners protection from liability should their dog bite a groomer.
Assumption of Risk Explained
The assumption of risk doctrine prevents a plaintiff, for example, a dog groomer who is suing a dog owner for a dog bite, from collecting and recovering civil damages from the defendant (in this case, the dog owner). Assumption of risk applies to situations where plaintiffs knowingly put themselves in situations carrying a risk of injury. Their knowing participation makes them responsible for injuries sustained.
It is assumed that dog groomers know that facing stressed dogs is part of their job. This reality is an occupational hazard. Still, there are scenarios that could render the assumption of risk ineffective.
If your dog attacks the groomer while the dog is still under your control, perhaps in a waiting room, the defense may not apply as the groomer has not yet taken responsibility for the dog. Or, if the groomer is bitten while working on the dog, the groomer may argue that your dog is a dangerous animal and you did not provide a fair warning of the dog’s aggression. If the dog bit a groomer under these circumstances, speak to a dog bite lawyer in South Carolina for advice.
Protect Yourself from a Dog-Bite Injury Claim
As a dog owner, it is best to avoid having to ask: “My dog bit the groomer. What do I do?” Take steps to prevent a dog bite at the groomer’s and to protect yourself from liability. Be sure to:
- Tell the groomer if your dog is aggressive or shows aggressive tendencies when stressed. Then, the groomer can either refer you elsewhere or take on the assumption of risk knowingly. If they still agree to the job, alert them to warning signs of your pet’s possible aggressive behavior so they can take precautions.
- Make regular grooming appointments. Familiarity with the groomer and the grooming experience overall may help put your dog at ease. Regular appointments will also prevent your dog’s fur from becoming matted or snarled, conditions which can make grooming painful. Painful grooming is more likely to prompt a stress response–a bite–from your pet.
- Socialize and train your dog. Get your pet used to interacting with others. Use positive reinforcement to encourage “good” behaviors and discourage snapping, snarling, and biting.
If the incident has already occurred, your best way forward is to get legal advice. Connect with Shelly Leeke to speak with a dog bite attorney in South Carolina and find out–can a groomer sue you if your dog bites them? We can offer sound guidance and help you determine your best next steps for protecting yourself.
Get the Knowledgeable Legal Guidance You Need
The team at Shelly Leeke has a full understanding of South Carolina’s dog bite laws and possible defenses and extensive experience handling dog bite cases. If your dog bit the groomer and you have questions, connect with a South Carolina dog bite attorney from our team to discuss your case. We are ready to help.
