Overview
 South Carolina has a modern dog bite statute which makes a dog owner strictly liable for damages suffered by a person who is "bitten or otherwise attacked." The statute is unusual in a single respect, because it sets forth the provocation defense. Here is the text of South Carolina Statutes section 47-3-110:
SECTION 47-3-110. Liability of owner or person having dog in his care or keeping.
Whenever any person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the owner of the dog or other person having the dog in his care or keeping, the owner of the dog or other person having the dog in his care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. For the purposes of this section, a person bitten or otherwise attacked is lawfully in a private place, including the property of the owner of the dog or other person having the dog in his care or keeping, when the person bitten or otherwise attacked is on the property in the performance of any duty imposed upon him by the laws of this State, by the ordinances of any political subdivision of this State, by the laws of the United States of America, including, but not limited to, postal regulations, or when the person bitten or otherwise attacked is on the property upon the invitation, express or implied, of the owner of the property or of any lawful tenant or resident of the property. If a person provokes a dog into attacking him then the owner of the dog is not liable.
Litigation forms and other materials for attorneys
Just about all the documents a plaintiff's attorney will need, for less than the cost of typing them. Complaint, interrogatories, document production requests, admissions, witness list, petition for approval of minor's compromise (structured settlement), order approving minor's compromise, and Kenneth Phillips' 50-page deposition outline that covers every issue that can arise in a dog bite case. Save hours of work with the Dog
Bite Litigation Forms for Plaintiffs' Lawyers. Good throughout the USA. Available just one minute after you purchase them at the Dog Bite Law Bookstore. Download and use today.
|
Anatomy
of a Dog Bite Case is Mr. Phillips' 2-1/2 hour video seminar for plaintiffs' lawyers, containing tips and tricks, practice pointers and winning strategies that cannot be found anywhere else. A highly rated legal best-seller. Covers case selection, establishing liability, dealing with defenses, settlement and litigation throughout the USA. Arrives by mail in less than a week. |
|
