In South Carolina, a landlord may be legally liable for a tenant’s dog bite. However, they are not always responsible. It depends on the circumstances.
Bobby Jones Law explains landlord liability for dog bites in South Carolina. Talk to our dog bite lawyer in Greenville, SC for an individual review of your situation.
Is a Landlord Responsible If a Tenant Dog Bites Someone in South Carolina?
In South Carolina, a landlord may be responsible if a tenant dog bites someone, if the dog attacks in the common area of a multi-unit complex, or if they knew the dog was vicious and failed to remedy the danger. The South Carolina court case Clea v. Odom, 714 S.E.2d 542 (S.C. 2011) explains landlord liability for tenant dog bites.
Dog Bites and Landlord Liability in South Carolina
The answer to whether a landlord is liable for a tenant dog biting in South Carolina is sometimes. The answer is yes, if certain circumstances are present.
- Generally, landlords are not strictly liable if a tenant’s dog bites.
- However, there are exceptions.
- When an attack occurs in a common area of a multi-unit complex, the landlord may be liable.
- Where the landlord exercises control over a dangerous dog, and fails to remove it, the landlord may be liable.
- Landlord liability may be based on strict liability (S.C. Code § 47-3-110) or common law negligence.
- In some circumstances, both the dog owner and the landlord could be liable for an attack.
- Victims may receive financial compensation.
Whether a landlord is liable for a dog bite in South Carolina depends greatly on the facts and circumstances. Contact Bobby Jones Law for a personalized evaluation of your situation.
Attack in a common area
There are two ways that a landlord may be liable for a tenant’s dog bite.
The first is if the dog attacks in a common area of a multi-dwelling unit, like an apartment complex. The South Carolina court case Clea v. Odom addresses exactly that situation.
In Clea v. Odom, a landlord allowed a tenant to keep a dog outside in a common area of an apartment complex. One time, the dog attacked a six-year old. The landlord threatened to require the owner to remove the dog, but ultimately didn’t. Later, a two-year-old child approached the dog, and the dog attacked.
South Carolina common law may create landlord liability when an attack occurs in a common area. In addition, S.C. Code § 27-40-440(a)(3) requires a landlord to keep common areas in a reasonably safe condition. It may be relevant whether the landlord has actual knowledge of the dog’s vicious propensity.
Exercising control over the dog
Another way that a landlord may be liable for a tenant dog bite in South Carolina is by the landlord exercising control over the dog. That may mean that they care for the dog. Alternatively, it may mean that they failed to act within their control to remove a dangerous dog.
It may depend on the terms of the lease and what the landlord knew. For example, the lease agreement may state that the landlord may require the tenant to remove a vicious dog. The lease agreement may allow for the eviction of a tenant if they have a dangerous dog. If it does, and the landlord doesn’t take action to remove a dog they know is dangerous, it may create liability.
In the Clea v. Odom case, the court said that by allowing the dog to continuously be in a common area, the landlord may have exercised sufficient control over the dog to give rise to liability.
Can a landlord be liable for a tenant dog bite in South Carolina under a theory of attractive nuisance?
No. In Clea v. Odom, the court ruled that a dog is not an artificial condition for the purposes of the attractive nuisance doctrine.
South Carolina Cases for Landlord Liability for Dog Bites
Clea v. Odom, 714 S.E.2d 542 (S.C. 2011) – Reversing an award of summary disposition based on statutory strict liability and common law negligence.
Harris v. Anderson County Sheriff’s Office, 673 S.E.2d 423, 427 (S.C. 2009) – A police dog was left at a veterinary office, where it attacked an employee. The court said that a victim may pursue a claim against the dog’s owner when it is in the care or keeping of another, on strict liability grounds.
Gilbert v. Miller, 356 S.C. 25, 586 S.E.2d 861 (Ct. App. 2003) – Generally, a landlord is not liable if a tenant’s dog attacks another tenant.
Bruce v. Durney, 534 S.E.2d 720 (S.C. Ct. App. 2000) – When a landlord has actual knowledge of the presence of a dangerous animal, and they have the right to remove it, they have a duty of care.
Talk to a Dog Bite Lawyer in Greenville, SC
Are you wondering if a landlord may be liable for your dog bite? Our law firm can help people get compensated for dog bites. Contact Bobby Jones Law for a personalized consultation about your case.
