Dogs are quickly wagging their tails as they say goodbye to the dog parks and hello to breweries. And cafes, hotels, and restaurant patios.
Over the past decade, pet-friendly environments have become less of a novelty and more of an expectation as businesses are beginning to welcome man and man’s best friend into their spaces.
As more public spaces become “pet-friendly,” it’s important to understand that pet ownership in public spaces carries legal responsibility – not just a leash and some treats.
Keep reading as our team helps you understand dog ownership liability, the risks that come with pet-friendly venues, and what to do in the event of a dog attack or dog bite accident.
The Legal Guidelines: How Dog Owner Liability Works
When it comes to determining liability in the event you or another party is attacked by a dog, there are three general approaches: strict liability statutes, the “one-bite” rule, and negligence-based rules.
Strict Liability
The strict liability approach is taken when the owner is held liable whether they knew the dog was dangerous or not or acted carelessly.
One-Bite Rule
This applies when the owner is liable only if they knew or should have known that the dog had dangerous tendencies.
Negligence-Based Rules
In this case, the victim must prove that the owner failed to use reasonable care to control the dog.
Of these three approaches, South Carolina enforces the “strict liability” approach, with two exceptions:
- It is proven that the victim provoked the dog to attack or was trespassing
- The dog was working in a law-enforcement capacity, in which the attack occurred during work-related activities
South Carolina dog bite laws also apply to dog attacks, which can range from menacing or violent behavior to knocking down the victim, resulting in injuries.
Dog Attacks and the Law: The Legal Complications of Pet-Friendly Venues
Spaces deemed “pet-friendly” often involve more layers when liability comes into play, and the specifics can vary by location.
Dog Parks
In these spaces, dogs are allowed off-leash and with that, the legal concept of “assumption of risk” applies. This states that by entering, you accept the possible hazards that come with it, such as minor scuffles during playtime or dogs running into you. However, for negligence to occur, victims must often show that the dog had a history of aggression or violent behavior, such as bringing a dog to the park that had a history of biting.
Restaurants, Breweries, and Retail Patios, Oh My!
Liability becomes twofold when it comes to dogs in public spaces, such as restaurants or breweries. While the dog owner’s liability is definitely in play if an accident occurs, premises liability can also present itself, as the venue owes visitors a duty of reasonable care
Waivers and “Assumption of Risk” Signs
Nearly every dog park or pet-friendly space will post signs or require waivers stating that by entering, you are entering at your own risk. These signs by no means give negligent owners a free pass, as assumption of risk does not cover risks arising from a pet parent’s failure to act responsibly.
Park signs also don’t override existing laws. Certain areas may have a local ordinance in place that bans dogs with a history of dangerous behavior. While you may be operating under “assumption of risk” as stated by the sign, you are violating a safety ordinance previously set in place.
Whose Responsibility is It Anyway?
There are two categories of defendants in a dog bite or attack case: the dog owner and the property owner.
Under South Carolina dog bite law, the dog owner has primary responsibility in most cases, as strict liability holds them accountable regardless of fault. The property or venue owner has a duty of care to its patrons to maintain a safe environment. If pets are welcome, this may include enforcing posted pet rules, maintaining safe premises conditions, or posting warnings about known dangerous animals within the area. In some cases, strict liability and premises liability may overlap.
Given the nature of these cases, it’s best to seek guidance from a skilled personal injury attorney to ensure you are receiving the maximum compensation you are owed under both statutes.
What to Do After an Incident (and When to Call a Personal Injury Lawyer)
Whether you’ve been bitten or attacked, there are several steps you should take following the accident:
- Get to safety: Make sure you and anyone else involved are out of immediate danger. Don’t stay at the scene or near the animal if you feel unsafe.
- Get the dog owner’s contact information: Whether or not you decide in that moment to seek financial assistance from the owner, gather their contact and liability insurance information.
- Witness contact information: Gather the contact information of any witnesses, as they can help corroborate your story or answer questions about the dog’s ownership.
- Document the scene: Take pictures of the scene, your injury, and the dog if possible.
- Seek medical attention: Seek immediate medical treatment if you have a serious injury, and keep all documentation related to hospital visits and medical bills.
- Report the incident to animal control: This will be incredibly important if the dog wasn’t wearing a tag and you don’t know its owner.
- Contact a personal injury attorney: While the above steps help ensure your legal rights are protected, contacting our team of qualified attorneys will help you begin taking the necessary steps to seek compensation.
Find Peace of Mind with Hoffman Law Firm
A dog bite or dog attack can be a traumatizing experience – one that doesn’t only leave you physically affected but also mentally, emotionally, and sometimes financially. The cost of your quality of life is priceless, so let our team at Hoffman Law Firm tackle your case.
Our skilled attorneys are well-versed in handling insurance companies on your behalf, gathering sufficient evidence, and fighting for your compensation while you focus on recovery. If you’ve been injured, leave it to Hoffman.
With offices in Georgetown, SC, and Charleston, SC, our personal injury law firm supports accident victims throughout the Palmetto State. Whether you are seeking the best personal injury attorney – or a team of them – we have established a reputation for success and exceptional service.
Schedule your free consultation today with a personal injury attorney in Charleston or Georgetown, SC, and we will take it from there.
Disclaimer: This information is for general educational purposes only and is not legal advice. Laws may change, and every case is different. Reading this content does not create an attorney-client relationship. Past results do not guarantee similar outcomes. Hoffman Law Firm may be considered attorney advertising. Contact a qualified attorney for advice about your specific situation.
