What if a Dog Bite Happens on Private Property?

Dogs have the potential to be extremely dangerous if the proper safety precautions are not taken. A dog bite victim may have a civil claim for compensation against the dog owner and/or a negligent third party. Notably, you may have a claim even if the dog bite incident happened on private property. Our dog bite injury attorney can explain what happens if the attack occurred on private property in South Carolina.

Dog Bites on Private Property are Still Legally Actionable

First and foremost, it is essential to emphasize that dog owners cannot automatically defend a claim simply because the attack happened on private property. South Carolina is a strict liability state for dog bites. Under South Carolina law (South Carolina Code § 47-3-110), dog owners are held strictly liable for injuries caused by their dog if the victim was “in a public place or lawfully in a private place.” Strict liability means the injured person does not have to prove the owner knew the dog was dangerous or had acted aggressively before. If you were legally present (such as visiting a friend or making a delivery), you generally have the right to recover damages for your injuries.

Lawful Presence is the Key Criteria

In South Carolina, dog bite victims who were trespassing generally lose the right to bring a strict liability claim. In other words, you must have been “invited” onto the private property to have a viable claim for a dog bite injury. To recover under the statute, you must have been lawfully on the property at the time of the bite. Lawful presence can include:

• Being invited onto the property as a guest
• Entering to perform professional duties (e.g., utility worker, postal carrier)
• Being on the property for a legitimate reason allowed by law

Note: Trespassing is a defense against dog bite liability in South Carolina. Another common defense raised by dog owners is the claim of provocation. If the victim “provoked” the dog, then the dog owner may be able to escape strict liability.

What to Know About the Potential Liability of Third-Party Property Owners

If the property is owned by someone other than the dog’s owner (such as a landlord), that party may also face liability in limited situations. Claims against non-owners often require showing they knew the dog was dangerous and failed to take reasonable steps to prevent injury. These cases can be more complex as strict liability does not apply. The victim must prove that the third-party property owner’s negligence contributed to the attack.

Contact Our Florence, SC Dog Bite Injury Lawyer Today

At The Law Office of D. Craig Brown, LLC, our Florence dog bite attorney is available to protect your rights and interests. If you have any questions about dog bites on private property, please don’t hesitate to contact us today for a complimentary case review. With offices in Florence and Orangeburg, we handle dog bite injury claims throughout the South Carolina region.