Is the rule of strict liability applicable in dog bite cases?
Yes, the rule of strict liability is applicable in dog bite cases in South Carolina. Strict liability is a legal principle that holds the owner of a dog responsible for any injury or damage the animal causes — even if the owner has taken reasonable care to prevent it. In South Carolina, this means that dog owners are liable for any and all damages caused by their animal, regardless of their knowledge of the animal’s temperament or potential for danger. Under South Carolina’s strict liability law, the injured person may seek compensation from the dog owner for any medical bills, pain and suffering, emotional distress, lost wages, and other costs associated with the injury. It is important to note that the injured person must have been lawfully on the property of the dog owner or a public place, and the dog bite must have resulted in damage or harm. If it can be proven that the injured person was engaging in illegal activity at the time of the bite such as trespassing, or if the injured person provokes the dog and the dog bites, then the dog’s owner typically will not be liable, as the bite would not have been foreseeable in those circumstances. Nevertheless, if it is determined that the owner acted negligently in some other way, the injured person could still be entitled to compensation.
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