For over 4.5 million people in the U.S., experiencing the physical scars and emotional distress behind a dog bite is an unfortunate reality. While seeking justice for an injury may appear clear, the breed of the dog involved can sometimes overshadow the facts of the case.
Society can be unfairly guided by stereotypes, believing certain breeds pose greater unnecessary risks and dangers than others. Victims who were bitten by “dangerous” breeds can often face unfair influence and perception, affecting their ability to seek justice and fair compensation.
So, does breed bias play a role in your dog bite claim?
Keep reading to find out more about dog breed stereotyping, South Carolina legislation and how our personal injury law firm in Charleston can help.
What is Breed Bias?
When we tend to think of “dangerous” or “violent” dog breeds, some of the more common pictures that come to mind are Pitbulls, rottweilers, and German shepherds, to name a few. Why are these breeds more associated with aggressive tendencies?
It can often come down to media sensationalism and genetics.
Genetic Predisposition
Certain dog breeds were selectively bred for different purposes, such as herding, hunting, rescue, and guarding.
While herding breeds, like the Australian shepherd, are prone to gently biting or “nipping,” guarding breeds are more protective in nature, which can often translate to aggressive tendencies.
There isn’t any breed of dog that universally displays, or lacks, aggressive behavior. According to a C-Barq survey of over 12,000 dogs and over 140 breeds, dachshunds, Chihuahuas, and schnauzers, all small dog breeds, rated high in aggressive behaviors.
Media Portrayal
Unique and controversial cases are the ones that make the news, but the expansive media coverage can often cause a distorted view of the truth.
Dog bites or attacks that make the news often involve those falling under the “bad breed” heading, such as Pitbulls and rottweilers, further strengthening the discourse that all dogs within that breed are violent. According to survey based data conducted by Duffy et al (2008), as restated by the American Veterinary Medical Association, “the substantial within-breed variation…suggests that it is inappropriate to make predictions about a given dog’s propensity for behavior based solely on its breed.”
Understanding South Carolina Dog Bite Legislation
There are two types of South Carolina rules and legislation to be aware of when it comes to dog bites: the comparative negligence doctrine and strict liability.
Comparative Negligence
The comparative negligence rule dictates if a victim contributed to their injury in any way, the amount of compensation they receive is reduced by the level, or percentage, of fault.
For example, if the victim was found to have provoked the dog into biting him/her, and they are found 20 percent at fault for their injuries, the compensation they receive from the negligent party will be reduced by 20 percent.
In South Carolina, if the victim is found to be at fault by a percentage of 50 or more, no compensation will be awarded.
Strict Liability Legislation
Under South Carolina statute 47-3-110, dog owners are held liable for dog bites or attacks committed by their dog. For example, if your neighbor’s dog attacked you unprovoked, the dog owner would be responsible for providing compensation for the injuries received.
There are, however, limitations to the strict liability rule. The dog owner may not be held liable for dog bite injuries or attacks if:
- The victim provoked or harassed the dog, prompting the attack
- The dog was working in a law enforcement capacity
- The dog is trained and certified according to the SC Law Enforcement Training Council standards
- There is a written policy on appropriate use of dogs in official law enforcement capacity
Consult our dog bite lawyers at Hoffman Law Firm to determine if your specific accident warrants a personal injury case.
Overcoming Breed Bias with Help from a Personal Injury Attorney Near You
Overcoming breed bias in a personal injury case involving a dog attack is no easy feat, but breed bias can have devastating consequences for the victim.
In addition to their recovery and rehabilitation efforts, victims often struggle seeking compensation because of “bad breeds” not being covered by insurance carriers and their own self-blame for the accident, believing they put themselves in a position with a dog prone to violence due to its breed. In both instances, the stereotype of the breed keeps the blame from being placed on the negligent owner and unfairly puts the blame on the breed and the victim themselves.
As the victim of a dog attack or injury, you deserve justice and have a legal right to compensation. Hiring an experienced dog bite attorney who understands the legislation and evidence required in these complex cases will help you focus on what’s most important: your physical and emotional recovery.
Don’t Let Breed Bias Hinder Your Case–Contact Hoffman Law Firm Today!
At Hoffman Law Firm, our team makes it our mission to put the needs of your well-being and your loved ones first. We will not stand for injustice and strongly believe that you should never have to navigate the aftermath of a car crash on your own.
Located in Charleston, SC, we support accident victims throughout the Palmetto State. We have established a reputation for success, as well as great service!
To meet with a member of our team, schedule your free consultation today.
