A neighbor’s dog, a dog in a park that is not on a leash, or a pet that attacks you while in your own home are all dangerous animals that can cause serious injuries to victims. At the Shelly Leeke Law Firm, we help people facing injuries, emotional trauma, and financial loss, answering questions like, “Can I sue for a dog bite?” Set up a free consultation to allow our North Charleston dog bite lawyer to answer your specific questions.
When Can I Sue for a Dog Bite: Answering the Basic Question
South Carolina has strict liability laws for dog owners. This means that the owner is held responsible for the damages their dog caused even if there is no reason to believe that the dog would have engaged in such actions before. As a result, if a dog bites you, the owner is likely to be responsible in most situations.
This falls under South Carolina Code of Laws §47-3-110, which states that an owner is liable for the damages and injuries their dogs cause. There are limitations to this, especially if the victim provoked the dog in any way. However, if the following applies, you may be able to sue the owner for the dog bite:
- The injuries you have occurred when the dog bit you or otherwise attacked you.
- The injury occurred in a public place or in another place where you were lawfully allowed to be.
- The injury occurred without any provocation of the dog by the injured person.
Know Your Rights for Non-Bite Injuries
It is important to note that South Carolina law relates not only to dog bites but to other injuries that a dog causes to another person. If the dog knocks a child down, the child strikes their head, and suffers serious injuries, the dog owner may be liable. This is where it is critical to have a dog bite attorney in South Carolina to fight for your rights, as these instances can become confusing.
Potential Damages You May Be Able to Sue for in a Dog Bite Case
A victim of a dog bite case may have the legal right to take action against those who caused their injuries, which means it is possible to seek out a lawsuit or file a claim against the dog owner’s liability insurance for any losses suffered. Most of the time, our attorneys will evaluate all of the ways this incident is impacting you and then create a claim to apply to the property owner’s homeowner’s insurance policy. That claim may include:
- Medical expenses suffered at the time of the accident, which could include ambulance rides to the hospital, emergency medical care, medications, and any type of recovery support.
- Medical expenses for complications may include at-home support needs, rehabilitation needs, and other types of ongoing medical care for permanent or catastrophic injuries.
- Lost time at work, including lost wages and benefits if you cannot return to work for some time or lost earning capacity if you can no longer do your job.
- Pain and suffering, including loss of quality of life, pain during the incident, limitations and suffering during recovery, and ongoing losses you have, such as disability.
- Emotional trauma and mental anguish, including post-traumatic stress disorder, which may be caused by the incident.
The extent of your losses will depend on the injuries you have as well as their severity. If you are likely to spend months in the hospital or may suffer serious loss of ability to do things you enjoy, you need a trusted legal team by your side. At Shelly Leeke Law Firm, our dog bite attorneys in South Carolina will fight for fair compensation, which you can see from our prior case results.
How to Prove Dog Bite Injuries
One of the steps that is necessary to sue for dog bite injuries is to prove that the dog caused the injuries you have and that the owner was negligent in the situation. Negligence only occurs when you can prove that the owner owed you a duty of care, breached that duty of care, that the breach led to the dog bite, and you sustained injuries. There are several key ways our dog bite attorneys will work to prove negligence and the losses you have.
- You had the right to be on the property: A common defense against dog bite claims is that the victim did not have the right to be on the property. If you were trespassing on the property, and you were not an invited guest, a meter reader, a mail carrier, or another person who is lawfully on the property, you may not be able to file a claim.
- You did not provoke the dog: Proving you did not provoke the dog can be challenging, but as long as we can show you did not abuse the dog, tease the dog in some way, or harass it, and that caused the accident, we can build your case.
- Carefully define your losses: Once we determine negligence, we work with your doctor and others to document the financial losses you have incurred and work to prove what amount of compensation is required under the law.
Dog bite injuries can be serious, causing ongoing physical and emotional trauma as well as financial losses if you cannot work or have medical bills. With the help of an attorney, you can feel good about recovering full and fair compensation for the losses you have. You can sue for a dog bite, but it is easier to win your case if you have legal representation to prove your rights and our FAQs section can provide you with more information.
Contact Our Dog Bite Attorney in South Carolina for the Hands-on Support You Need
For victims of dog bites, it is critical to have an experienced attorney by your side. You can sue for a dog bite if you can prove what happened to you was the owner’s fault. Set up a free consultation with our dog bite attorney at Shelly Leeke Law Firm to learn if you can sue for a dog bite you experienced.
