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How Do I Negotiate a Dog Bite Settlement?

Dog Bites

A dog can be a great companion and can add so much to a family’s life. We love dogs and we support responsible dog ownership. But sometimes, an encounter with a dog doesn’t end well…and you need to know what action to take if that happens.

More than 4.5 million people suffer dog bites each year in this country and about 20% of those require medical treatment. At least half of dog bite victims are children. Not long ago, an Upstate woman was nearly killed by dogs while simply walking down the street. So, what do you do if you or someone in your life suffers an unprovoked dog attack?

First, get medical attention immediately. A bite could require stitches, tissue repair or hospitalization. A dog’s bite often becomes infected since their mouths are notoriously full of germs. Then, report the incident to law enforcement so you’ll have a legal record of the injury. Police may contact Animal Control to remove the dog, order it to be confined, issue citations to the owner, and have it tested for rabies. They’ll know the local laws on dog bites.

Make sure you take photos and videos of the injury from day one until it’s healed and save any torn clothing or shoes from the incident. If you can safely photograph the site where the dog bite happened, do it. Get statements from anyone who witnessed the attack. Strong evidence is always important for any case and collecting a settlement.
Keep accurate records of all medical expenses from treatment. Include travel costs, prescriptions you pay for, and any long-term therapy needed. If the victim loses time from work because of injury, add up any lost wages.

Be sure to collect all the information you can on the dog’s owner. You’ll need a name and address if you wish to collect payment for your injuries.
So, do you have enough evidence to force the owner to pay you a financial settlement? This is where a dedicated attorney can be very helpful. You may not want to face the dog owner on your own, or say something that might hurt your chances of getting paid. At Trammell & Mills, we have extensive experience handling dog bite cases.

Payment for a dog bite injury usually comes from the homeowner’s insurance policy and their adjuster will want to ask you questions. You need to remember that the insurance company’s goal is to pay as little as possible, as that is how they make money at the end of the year. They do not care about your injury. We do not advise talking with the insurance adjuster by yourself. Let us guide you through that conversation, so you don’t get tricked out of the money you deserve.

Suffering a dog bite can be a traumatic experience that requires lengthy treatment. Don’t risk losing the money you need to pay your bills. Let an experienced attorney who understands dog bite laws handle your negotiation for a fair settlement.

If you’re a dog bite victim, don’t hesitate to call Trammell & Mills at (864) 485-8585 to get the medical and financial payment you deserve. We offer free consultations and never collect a fee unless you receive a settlement or verdict. And always stay a safe distance from dogs you don’t know.

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South Carolina Dog Bite Law: Landlords and Common Areas

Dog Bites , ,

South Carolina dog bite law adheres to strict liability when it comes to dogs biting or harming people, S.C. Code Ann. § 47-3-110:. The only defense would be if the dog was provoked in some way by the person that it attacked.

Recently the South Carolina Supreme Court rendered an opinion that helps in better illustrating the specific phrase of the dog bite law, “other person having the dog in his care or keeping.” In Clea v. Odom Opinion No. 27029, the court determined that claims for strict liability and common law negligence could move forward against the landlord for a tenant’s dog that attacked a child in the common area of the apartment complex. Citing Harris v. Anderson County Sheriff’s Office, 381 S.C. 357, 364, 673 S.E.2d 423, 427 (2009) the court stated, the presence or absence of a duty determines liability in situations that involve a statutory claim against a person having the dog in his care or keeping.  Id. at 365, 673 S.E.2d at 427.  There are three scenarios under § 47-3-110 when the attack is unprovoked and the injured party is lawfully on the premises:

First, the dog owner is strictly liable and common law principles are not implicated.  Second, a property owner is liable when he exercises control over, and assumes responsibility for, the care and keeping of the dog.  Third, a property owner is not liable under the statute when he has no control of the premises and provides no care or keeping of the dog.

Although each set of facts in a case are unique to that particular case, the SC Supreme Court helps limit the dark corners for the at fault owner or keeper’s liability insurance company to hide.

If you know liability insurance companies trying to hide from their duties to pay a fair and reasonable amount for the negligence of their insured, let me know.

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South Carolina Dog Bite Cases: Pointers from an Expert Witness

Dog Bites , , , , ,

Ron Berman, an expert witness in dog bite cases throughout the United States, recently had an article entitled, “Dog Bite Cases: Avoiding 9 Common Mistakes”, in The Justice Bulletin published by the South Carolina Association of Justice.

This article provided several important points in building a dog bite case and the mistakes an attorney could make in developing their case against the negligent owner or person keeping and/or caring for the aggressive dog. (To review the law of South Carolina on dog bites read my previous blog entitled, “Dogs Bite, Owners Pay: South Carolina Dog Bite Law“.)

Mr. Berman makes these important points for those who have been bitten by a dog and incurred injuries:

  • Just because South Carolina has strict liabilityon dog bite cases does not mean a defense can not be raised or a burden for injuries can be met;
  • Video presentation or pictures of the aggressive dog can go a long way in being reimbursed for your injuries;
  • Inspect the area the dog inhabited for further clues of its aggressive nature;
  • Look over and request any documents or papers that can be provided by the owner for the dog;
  • Take pictures and document any wounds or bite marks; and
  • If going to trial, consult with an expert witness that can further your case.

As a point of reference, Mr. Berman cited statistics from the Center for Disease Control and Prevention that clearly point to how big an issue dog bites can be on a national level:

 

  • About 4.5 million people are bitten by dogs each year.
  • Almost one in five of those who are bitten :a total of 885,000: require medical attention for dog bite-related injuries.
  • In 2006, more than 31,000 people underwent reconstructive surgery as a result of being bitten by dogs.
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Dog Bites Against Postal Workers on the Rise in South Carolina

Dog Bites

The Greenville News reported on the alarming rise in dog bites against US Postal Carriers:

The postal service’s Greater South Carolina District, which has 995 city carriers and 1,448 rural carriers, has had a “shocking” increase in dog bites in recent months, the agency said……

Harry Spratlin, spokesman for the USPS Greater South Carolina Performance Cluster, said it’s difficult to pinpoint a cause for the rise in dog bites to letter carriers………

“Even small breed dogs have the potential to inflict injuries that can threaten a carrier’s career. Our best approach is to issue an appeal to all dog lovers: please, be responsible owners: control your pets.”

If you have been attacked by a dog, either on the job or off the job, you may have a cause of action against the dog’s owner or keeper.  South Carolina’s law on dog bites is clear:

S.C. Code Ann. § 47-3-110: Liability of owner or person having dog in his care or keeping.

Whenever any person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the owner of the dog or other person having the dog in his care or keeping, the owner of the dog or other person having the dog in his care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. …. If a person provokes a dog into attacking him then the owner of the dog is not liable.  (emphasis added).

I have covered this topic in a previous post in more depth. Please click on the link below to learn more about South Carolina’s law on dog bite incidents.

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Dogs Bite, Owners Pay: SC Dog Bite Law

Dog Bites , , ,

Lassie: “Woof” “Woof”

Cully Wilson: “What’s that? Timmy’s in the well? ”

Lassie: “Woof” “Woof”

Trey Mills: “You just took a hunk out of Timmy’s butt totally unprovoked. Who’s your owner OR keeper?”

S.C. Code Ann. § 47-3-110: Liability of owner or person having dog in his care or keeping.

Whenever any person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the owner of the dog or other person having the dog in his care or keeping, the owner of the dog or other person having the dog in his care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. …. If a person provokes a dog into attacking him then the owner of the dog is not liable.  (emphasis added). 

In Harris v. Anderson Cty. Sheriff’s Office, No. 26596, the Supreme Court of South Carolina recently discussed this statute, more specifically the “or” in between “owner of the dog” and “other person having the dog in his care or keeping”.  The Court held:

In construing the term “or” consistent with its common understanding as a disjunctive, we hold section 47-3-110 allows a plaintiff to pursue a statutory claim against the owner of the dog “or other person having the dog in his care or keeping.”  Because of the plain language in this statute, we conclude that the Legislature intended to allow a claim against the owner of the dog when another person has the dog in his care or keeping.  (emphasis added).

For lawyers the Court provided an interesting analysis of statutory and common law issues that could arise from an unprovoked dog bite. The Court stated:

[Nesbitt v. Lewis, 335 S.C. 441, 517 S.E.2d 11 (Ct. App. 1999)], presents three scenarios under section 47-3-110 when the attack is unprovoked and the injured party is lawfully on the premises.  First, the dog owner is strictly liable and common law principles are not implicated.  Second, a property owner is liable when he exercises control over, and assumes responsibility for, the care and keeping of the dog.  Third, a property owner is not liable under the statute when he has no control of the premises and provides no care or keeping of the dog.  It is the presence or absence of a duty that determines liability in the latter two situations that involve a statutory claim against the “other person having the dog in his care or keeping.”  To this degree, section 47-3-110 implicates the common law. Our Legislature has spoken clearly in section 47-3-110 that, as concerns a dog owner’s liability, negligence principles in general and fault in particular have no place.

BOTTOM LINE:   IF YOUR DOG BITES SOMEONE UNPROVOKED YOU ARE RESPONSIBLE FOR THE HARM, OR INJURIES.

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