Dogs are often celebrated as “man’s best friend.” Their loyalty, affection, and playful spirit make them incredible pets for individuals and families alike. Dogs offer unconditional love and companionship, providing emotional support and a sense of security. However, they are also notorious for being rambunctious, especially during the transition from puppy to adulthood.
Dogs have shown remarkable benefits in helping individuals with PTSD and depression. Service dogs trained specifically for PTSD can perform tasks such as providing comfort during panic attacks and creating a sense of safety in public spaces. Indeed, while dogs can be incredibly beneficial for mental health, it’s important to consider the specific needs and circumstances of the individual adopting the dog. Rambunctious or highly energetic dogs may pose safety risks for certain groups of people due to potential falls or difficulty in managing the dog’s activity level. Ultimately, matching the temperament and energy level of the dog to the capabilities and preferences of its person is crucial to ensure a safe and beneficial companionship.
This case study explores the damage that can occur when a well-meaning owner struggles to keep his high-energy pup under control. Attorney Sydney Lynn of Joye Law Firm’s Columbia office represented the victim of this case, who suffered a devastating fall caused by her friend’s rowdy dog. This incident is a prime example of why homeowner’s insurance coverage was created.
Hyper Dog Jumps on Victim Causing Serious Harm
On a bright day in May of 2019, Attorney Sydney Lynn’s client was helping a friend with yardwork at his home in West Columbia. The friend had recently adopted a lab mix puppy to help with his depression and PTSD. Attorney Lynn’s client was descending the outside stairs of the ranch-style house to lay down mulch when the friend opened the door for his dog. The dog charged out to the back and jumped on the victim causing her to fall down the stairs. The results were immediate and horrifying. She experienced fractures in three different parts of her ankle and was rushed to the hospital in an ambulance. She went through three surgeries, followed by an extensive recovery and rehab. This seemingly innocuous act of letting the dog out resulted in substantial medical costs for our client.
Strict Liability for Dog Attacks in South Carolina
The “dog bite statute” in South Carolina, officially known as S.C. Code 47-3-110, answers the question “Who is responsible for a dog bite or attack.” It refers to a legal provision that outlines the liability of dog owners for damages caused by their dogs biting or attacking another person.
It establishes that a dog owner is strictly liable for injuries inflicted by their dog biting someone, regardless of the dog’s history of aggression or the owner’s knowledge of such behavior. This means that the injured person does not need to prove negligence on the part of the dog owner to recover damages.
The purpose of this statute is to protect individuals who are innocently harmed by a dog’s actions, ensuring they can seek compensation for medical expenses, pain and suffering, and other damages resulting from the attack. It serves as a deterrent to dog owners, encouraging them to take appropriate precautions to prevent their dogs from harming others.
Premises Liability Insurance Claim
As the victim was lawfully on the property, Attorney Lynn pursued compensation for her client. The owner had homeowner’s insurance, which was crucial since our client did not want to go after her friend directly. She only wanted to recover her damages from the fall, as her medical bills amounted to an eye-watering $388,127.43. Since the victim and the defendant had a close relationship, our client wanted a fast recovery without any commotion. After tough negotiations, Atty. Lynn secured $430,000 for her client from the dog owner’s homeowners insurance company.
$430,000 Settlement for Sydney Lynn’s Client
The successful settlement enabled our client to move forward after this awful incident. Thankfully, both parties have maintained their friendship. This case highlights the importance of homeowners insurance in this type of situation. By covering repair costs and liability claims, these policies ensure peace of mind for homeowners and visitors alike. It also shows the difference that a seasoned negotiator like Attorney Sydney Lynn can make when seeking the fairest compensation for your injuries.
If you or someone you know has been involved in a dog attack or accidentally injured by a friend’s over-excited dog, it’s crucial to seek the guidance of an experienced attorney. Our legal team will diligently investigate the incident and advocate for the full insurance compensation you rightfully deserve. Our legal team has helped injured South Carolinians regain control of their lives after serious injuries since 1968, let us help you, too. We take cases across the state of South Carolina and have offices in Columbia, Charleston, Myrtle Beach, Summerville, and Clinton.
Disclaimer: past results do not guarantee future outcomes.
