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Dogs are loyal companions and a source of joy for people, nevertheless one cannot always foresee how a dog will act or what it is going to do next. Dog attacks can be quite painful, causing serious injuries, psychological trauma, and even financial losses.
If one has been bitten by a dog in Spartanburg or a loved one has been attacked, you need to know your rights. The state of South Carolina recognizes a legal principle known as ‘Strict Liability’, which states that dog owners will always be held responsible for the harm that their dogs cause to other people regardless of whether or not they failed to exercise reasonable care.
In the same state of South Carolina, 45% of households keep at least one dog, it is therefore likely that you or someone you know has been through a dog bite or attack. It is not easy to handle the legal processes that come with the case of a dog bite.
If you familiarize yourself with the details of the South Carolina laws on dog bites, then the outcome of your case will vastly differ. No matter if one has to negotiate with the insurance service providers or one has to find ways to pay medical bills, knowledge, and assistance play a vital role.
At Max Hyde Law Firm, we have specialist dog bite lawyers ready to assist you throughout the whole process. The goal of our team is to be helpful and professional in handling your case so as to make sure that you get the right compensation and justice. It is our pleasure to deal with the legal issues while you concentrate on rehabilitation. Call today at (864) 804-6330 to schedule a free consultation with one of our dog bite lawyers at our firm.
The citizens of Spartanburg, SC as well as dog owners need to know the laws that relate to dog bites. These laws define who is to be held responsible and state the legal rights of the dog owners that assists the victims in claiming compensation for the injuries.
Strict Liability For Dog Bites
South Carolina has what is known as a strict liability law when it comes to dog bites under SC Code § 47-3-110. [1] This means that the person who owns a dog is responsible for the injury or harm caused to a person or any individual who has been bitten or attacked by the dog whether in a public place or a place where the individual was lawfully present even if the owner was unaware of the dog’s propensity for being dangerous or failed to exercise reasonable care.
The key points of the strict liability law are:
This law applies if the victim is in a public place or ‘lawfully in a private place’ means either on the dog owner’s property or on property where the dog is being kept. This is in situations where the victim is on the premises in the discharge of his/her tasks or where the owner invites the victim.
Statute of Limitations For Dog Bites in Spartanburg
South Carolina also has a time limit on filing a case that is three years from the date of the attack by the dog. This deadline is provided by law and is referred to as the Statute of Limitations, which spans all kinds of personal injury cases in South Carolina. [2]
Preventing Dog Bites
Dog owners have the civil liability to ensure that they do all they can to avoid their dogs causing harm to other people. It is crucial to learn these responsibilities and follow them to reduce the occurrence of accidents and protect the members of society.
These responsibilities include:
Injuries Inflicted by Dogs That Are Not Bites
South Carolina statutes that govern dogs are not limited to biting instances. The strict liability law comes into operation when a person is bitten or otherwise attacked by a dog and has not been in a position to provoke the dog, and this occurs in a public place or is legally found in private premises.
This implies that if a dog has caused someone to fall or any other harm, and no bite has occurred, the owner is equally to blame. For instance, if a dog goes on the road and causes a bicyclist to fall, the owner will be held accountable for the harm caused and the damages caused by the fall.
The law also works for cases where the dog attacks have caused the death of a person. If someone loses their life to a dog attack, the person’s relatives can sue the owner for wrongful death.
In South Carolina, a dog is considered dangerous if the dog without any reason has inflicted a serious bodily injury or killed a human being or killed a domestic animal belonging to another person, if the animal is off the owner’s property. It is also considered a dangerous animal if it bites a human being and either injures or kills the person. [4]
If a dog is classified as dangerous, the owner must adhere to the following restrictions:
Legal Penalties Imposable on Owners of Dangerous Dogs
Owners of dangerous dogs in South Carolina face legal consequences if their animal attacks or injures someone:
Challenges surrounding dog bite wounds and insurance firms in Spartanburg, SC include handling several strategies that may be adopted by insurers.
Victims of dog bites have to bear initial costs of medical treatment, other future costs in case of complicated injuries, lost wages due to injury and stress.
Such damages can be recovered by the victims under the South Carolina strict liability laws, and the dog owners do not need to be proven negligent.
Denial of Liability: The insurers may even go to great lengths to avoid paying out, trying to convince everyone that the owner of the dog is not to blame for the attack, or that the victim was at fault for provoking the dog.
Offering Low Settlements: When insurance liability cannot be excluded, insurance adjusters may give small settlements which cannot pay the victims’ hospital bills, lost wages as well as other damages.
Delaying Claims Processing: Sometimes, the insurance companies take a long time for the claims, and they know that the victims will accept a lesser amount because they cannot wait for much longer.
Downplaying Injuries: It is not rare for adjusters to either underestimate the victim’s injuries or deny the medical treatments were necessary in order to provide a lower settlement.
Using Recorded Statements: Insurance companies may ask the victims to give recorded statements in an attempt to get the victim to say something that will reduce the value of the claim or indicate the victim’s part in the accident.
Seeking Medical Records: Insurance companies have a tendency of demanding to be provided with the medical records of the victim in a bid to look for previous conditions or injuries that the insurance company will use to justify the current injury in order to pay a lesser amount of compensation than required.
Lawyers at Max Hyde are well-versed in South Carolina’s dog bite laws and have the expertise to negotiate with insurance companies on behalf of our clients. Contact us at (864) 804-6330 for a free consultation related to your unique case. We are here to provide you with compassionate and professional legal guidance, ensuring your rights are protected and you receive the compensation you deserve.
Dog bite injury cases in Spartanburg, South Carolina may take some time to be filed, but it is for the best interest of the victim to follow the right legal procedures to get the right compensation.
Here is a detailed overview of the process for filing a dog bite injury case in Spartanburg:Here is a detailed overview of the process for filing a dog bite injury case in Spartanburg:
Seek Medical Attention
The lives of individuals are precious, after being bitten by a dog, one should go for medical help. They are known to cause severe infections even if the wounds inflicted by the dog are minor. Seek medical attention and ensure that you get a record of the injuries and the treatment to be given.
Report the Incident
Tell the local animal control authorities of Spartanburg County of the incident where the dog bit you. This produces paperwork of the occurrence of the incident. If the attack is not reported it has consequences for the owner of the dog.
Identify the Dog Owner
Find out who the owner of that dog which has bitten you is. This information is crucial in the event that they wish to sue their homeowner/ renter’s insurance company. If the owner’s identity is unknown an attorney can assist in conducting some research.
Gather Evidence
Collect any evidence related to the dog bite, such as:Collect any evidence related to the dog bite, such as:
Contact with Our Dog Bite Lawyer
Consult with our accomplished personal injury lawyer who has a good experience in handling dog bite cases. Our attorney can:
Negotiate a Settlement
The insurance company may kindly offer a certain amount for the damages done to the car. Your lawyer will then bargain on your behalf to secure the highest amount for your hospital bills, lost salaries, and other losses. The majority of dog bite cases go to a settlement.
Sue the Opponent (if required)
If you are dissatisfied with the amount that the insurance company has given to you or they have flatly rejected your claim, then your lawyer may advise you to sue the tortfeasor. For the present case South Carolina has set a time bar of three years from the date of the attack within which a victim may file their lawsuit.
The lawsuit process includes the filing of the complaint, exchanging the evidence, depositions, and the trial in case of a trial. Majority of the cases are usually resolved out of court without proceeding to trial.
Collect Your Compensation
If you are successful in your case through a settlement or a court order, then the insurance company or the owner of the dog would be expected to clear your damages. Your attorney will assist in making sure you get all that you are entitled to in terms of compensation.
Comprehensive Case Evaluation
At Max Hyde Law Firm, we first conduct our investigation on the circumstances that led to the bite, the severity of the injuries, and the South Carolina laws on dog bites. This assists in constructing a good basis for your claim.
Evidence Collection and Investigation
Our attorneys will ensure that all the evidence is collected from the involved parties, the medical records, witness statements, and any surveillance video if any. We shall also establish the dog’s history and the events that led to the biting incident to help your case.
Negotiating with Insurance Companies
Insurance companies can be quite difficult to deal with; however, our attorneys shall engage the insurance companies for you. We aim at ensuring that you get a fair compensation of all your medical bills, wages lost and any other damages.
Court Representation
In cases where a fair settlement cannot be reached our competent lawyers shall be willing to take the case to trial. We will work for you with passion and professionalism to make sure that you get the justice and fair compensation as required.
We understand the complexities of dog bite cases and are here to help you navigate the legal landscape with confidence. From gathering evidence and negotiating with insurance companies to representing you in court, we ensure that your rights are protected and that you receive the compensation you deserve. Contact us today at (864) 804-6330 for a free case consultation and let our skilled team provide the support and expertise you need during this challenging time.
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(864) 804-6330
(864) 804-6330
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