The Trouble with Dogs

When I was a kid, my family owned a basset hound named “Trouble.”  He was a dog’s dog; he chased cats and dug up our neighbor’s flowers.  We loved him.  One day, he came home with a bullet hole in his floppy ear.  Perhaps he got a little too friendly with the cats?  Maybe he trampled too many tulips?  Whatever the case, someone did not love Trouble the way we did.

Sometime later, my dad, a dentist in our small hometown, received a visit from the local sheriff, also one of his patients.  The sheriff said our neighbor had sworn out a warrant for my dad’s arrest for disturbing the peace.  Trouble was in trouble!  The choice was simple: fence in the backyard or take Trouble back to his previous owner, a country farmer.  My dad refused to fence him in, and that weekend, we all piled into the yellow, wood-paneled station wagon to take Trouble to the country where he could roam freely, and be a dog. A dog boarding facility helps in such cases.

Do you own a dog?  If so, watch out!  While Trouble was never accused of biting anyone, it has recently been reported by USA Today that dog bites accounted for more than a third of homeowners’ liability insurance claims in 2011.  The cost?  Nearly $470 million.  According to the report, the cost of dog bite claims has risen 48 percent since 2003.  These statistics are probably the result of increased dog ownership, living closer to one another, and parents of children more likely to seek advanced medical care for their children after a bite.  According to this same article, the United States has 78.2 million dogs, or one dog for every four people in this country.  If you own what is referred to as a “vicious” dog, you should read your insurance policy, as there is probably an exclusion for the ownership of such dogs.  Many insurers exclude coverage for claims arising out of the ownership of particular dogs, including Pit Bulls, Rottweilers, German Shepherds, Huskies, Alaskan Malamutes, Doberman Pinschers, and Chow-Chows.

Under South Carolina law, the owner of a dog, and the person having a dog in his care or keeping, are strictly liable for damages suffered by a person who is bitten or attacked by a dog.  S.C. Code § 47-3-110.  The statute also provides that if a person “provokes a dog into attacking him, then the owner of the dog is not liable.”

By the way, Title 47 is titled “Animals, Livestock and Poultry.”  This section includes the definition of “dog” and “cat,” along with the penalty for allowing dogs or cats to “run at large.”  You will also find prohibitions for the keeping of sheep-killing dogs, the disposal of feral dogs, allowable methods of euthanasia, and penalties for taunting, tormenting or teasing a police dog or horse.

If you do get sued, it’s probably best if your basset hound is not named “Trouble.”

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