What If a Dog Has Never Bitten Before? Can You Still File a Claim in South Carolina?

Key Takeaways

South Carolina imposes strict liability for injuries caused by dogs, which means a dog does not need a history of aggression for its owner to be held responsible. Under S.C. Code Ann. § 47-3-110, a bite victim who was lawfully on the property and did not provoke the dog can pursue a claim regardless of whether the dog has ever bitten anyone before. The one-bite rule that applies in some other states does not apply here.

One of the most common questions dog bite victims ask is whether they still have a case if the dog had never hurt anyone before. Many people have heard of the "one-bite rule" and assume that a first-time attack means no liability. In South Carolina, that assumption is incorrect and the state imposes strict liability for injuries caused by dogs, regardless of whether the dog has bitten or shown aggression in the past.

The following explains how South Carolina applies when a dog has never previously bitten or attacked anyone. 

What Is the One-Bite Rule?

The one-bite rule is a legal standard used in some states that can make recovery more difficult after a first attack because the owner may argue they had no reason to know the dog was dangerous. Under this rule, an owner is only held liable if they knew—or had reason to know — that the dog was dangerous, typically because it had bitten or threatened someone in the past. The logic is that an owner cannot be held responsible for an attack they had no reason to anticipate.

This rule still governs dog bite claims in a number of states, but it has significant drawbacks for victims. If the dog had never bitten before, the owner can argue they had no knowledge of any danger, and the victim may have a more difficult claim.

Does the One-Bite Rule Apply in South Carolina?

No. South Carolina does not follow the one-bite rule. Instead, the state imposes strict liability on dog owners under S.C. Code Ann. § 47-3-110. This law holds owners responsible for bites and attacks regardless of whether the dog had ever shown any prior aggressive behavior.

Under strict liability, a victim does not need to prove the owner was careless or that the owner knew the dog was dangerous. The law simply requires that the dog injured the victim, that the victim was lawfully present at the location of the attack, and that the victim did not provoke the dog. If those conditions are met, the owner is liable.

As attorney Dirk Derrick explains in the firm's overview of South Carolina dog bite and domestic animal liability podcast, most South Carolina personal injury claims require proof of negligence, but dog bites are one area where the legislature has chosen to apply it directly.

When Can a Dog Owner Be Held Liable?

A dog owner may be held liable for injuries when:

• The dog bite or otherwise attacked or injured someone
• The victim was in a public place or lawfully on private property at the time of the attack
• The victim did not provoke the dog before the bite or attack

Liability can extend beyond a physical bite. If a dog jumps on someone and causes a fall, or if an owner's dog chases a person who is injured while fleeing, South Carolina's strict liability statute may still apply.

Who Is Considered "Lawfully Present"?

A person is lawfully present if they have permission to be on the property or have a legal right to be there. This includes guests, mail carriers, delivery workers, meter readers, and other individuals who enter residential property in the ordinary course of their work or with the owner's consent. It also applies to people in public spaces like parks, sidewalks, or neighborhood common areas. Trespassers generally do not have the same protections under the statute.

Workers bitten while on the job may have additional options worth exploring. Our FAQ on workers' compensation coverage for South Carolina dog bite injuries explains how those claims can work alongside a personal injury claim against a property owner.

What Are the Two Main Defenses Dog Owners Can Raise?

Because South Carolina is a strict liability state, dog owners have limited defenses available. The two most commonly raised are:

• Provocation: The owner may argue that the victim provoked the dog immediately before the attack. Provocation generally means the victim took some direct action — hitting, teasing, or threatening the dog — that caused it to react. Accidentally stepping on a dog's tail or approaching the dog in a typical manner is unlikely to qualify as provocation.
• Trespassing: The owner may argue the victim had no legal right to be on the property at the time of the attack. If a victim was trespassing, the strict liability statute's protections may not apply. However, this defense does not extend to people who simply walk up to a front door or are otherwise present with implied permission.

What If an Attack Happens on Someone Else's Property?

Dog bites do not always involve the dog owner's property. Attacks can happen at rental properties, businesses, parks, or neighbors' homes. In some situations, additional parties — such as a landlord who knew about a dangerous tenant's dog but failed to act — may share liability in limited circumstances, depending on the landlord's control over the property and knowledge of the danger.

Our overview of premises liability law in Myrtle Beach discusses how property owners may be held responsible when they fail to address known hazards on their property, including dangerous animals. Similarly, our Conway premises liability page notes that South Carolina's strict liability statute applies as long as the victim was lawfully on the property where the attack occurred.

What Damages Can a Dog Bite Victim Recover?

A dog bite claim in South Carolina can seek compensation for a range of losses, including:

• Medical expenses, including emergency care, wound treatment, reconstructive surgery, and follow-up care
•  Lost wages if the injury caused time away from work
• Pain and suffering, including physical pain and emotional distress
• Scarring and disfigurement
• Psychological harm, including fear and anxiety that develops after an attack

In severe cases involving serious infections, nerve damage, or life-threatening injuries, compensation may also be pursued through a South Carolina wrongful death claim if the victim does not survive.

Many homeowner's insurance policies provide liability coverage for dog bite claims, which means there is often a source of compensation available even for a first-time attack. 

What Should You Do After a Dog Bite in South Carolina?

Taking the right steps after an attack can make a meaningful difference in the outcome of a claim:

• Seek medical attention promptly — dog bites carry a high risk of infection, and documentation of your injuries from the start is important
• Report the incident to local animal control so there is an official record of the attack and the dog's vaccination status can be verified
• Photograph your injuries, the location of the attack, and the dog if it is safe to do so
• Gather contact information for any witnesses
• Save clothing or personal items that were damaged in the attack
• Use caution before providing a recorded statement to the dog owner's insurance, particularly before understanding your legal rights.