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Title Citation Alternate Citation Agency Citation Summary Type
Harris v. Anderson County Sheriff's Office 673 S.E.2d 423 (S.C.,2009) 381 S.C. 357 (2009); 2009 WL 294756

In this South Carolina case, the court considered the meaning of the term "or" in the state's dog bite statute, SC ST 47-3-110, and whether that word allows a plaintiff to pursue a statutory claim against the owner of the dog while that dog is in the care of another. The facts concerned a veterinary assistant who sued a county sheriff's officer after she was bitten by a police dog while the dog was kenneled at the veterinary clinic where she worked. The lower court granted summary judgment for the sheriff's office. The Supreme Court disagreed with this interpretation. Based on a plain language reading of the statute, the Court concluded 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.

Case
SC - Lien, boarding - § 29-15-60. Animal boarding facilities; liens upon animals for boarding expenses. Code 1976 § 29-15-60 SC ST § 29-15-60 This South Carolina law states that the owner of an animal boarding facility, at the end of an agreed upon term of boarding, shall have a lien upon any animal which is left for upkeep until the cost has been paid by the owner of the animal. The owner of the animal shall also be responsible for payment of the cost of care for the animal after notice of the lien. If the owner of the animal has not paid the cost after actual notice of the lien within ten days of such notice, the animal boarding facility owner may sell the animal after having advertised the time and place of the sale at least seven days before the sale is to be held. Statute
SC - Trust - § 62-7-408. Trust for care of animal Code 1976 § 62-7-408 SC ST § 62-7-408 South Carolina's pet trust law was originally enacted in 2006. A trust may be created to provide for the care of an animal or animals alive or in gestation during the settlor's lifetime, whether or not alive at the time the trust is created. The trust terminates upon the death of the last surviving animal. Statute
SC - Bite - § 47-3-110. Liability for attacks by dogs, provoked attacks, trained law enforcement dogs. Code 1976 § 47-3-110 SC ST § 47-3-110 This South Carolina statute provides that if a 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 dog owner or person having the dog in the person's care or keeping, the dog owner or person having the dog in the person's 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. Statute
SC - Disaster - South Carolina Emergency Operation Plan (Annex 17) Annex 17/ESF 17 The South Carolina Emergency Management Division (SCEMD) is the state agency with the responsibility for the development, coordination, and maintenance of the South Carolina Emergency Operations Plan, Hurricane Plan, Earthquake Plan, Terrorism Plan and other selected plans. Annex 17 is the main document covering animals in disaster situations for the state. Administrative
SC - Fur - Article 12. Trapping Furbearing Animals, Regulation of Dealers, Buyers, Processors, Code 1976 § 50-11-2400 - 2575 SD ST § 50-11-2400 - 2575 In South Carolina, a state hunting license and a commercial fur license are required to sell or take furbearing animals for commercial purposes. Trappers may only set traps during trapping season, must show proof of ownership of property or permission to use property where traps are set, must visit his traps daily, and remove any animals caught in the trap. A violation of these statutes is a misdemeanor, which may result in a fine, imprisonment, and/or revocation of a license. Statute
SC - Endangered Species - Chapter 15. Nongame and Endangered Species Conservation Act Code 1976 § 50-15-10 to 90 SC ST § 50-15-10 to 90 These statutes comprise the "South Carolina Nongame and Endangered Species Conservation Act." Included in the provisions are definitions and criteria related to the listing of endangered species. Violation of the provisions constitutes misdemeanors of varying penalties as well as forfeiture of equipment used in the illegal takings. Statute
SC - Restaurant, animal - 9-3 OUTDOOR PET DINING SC ADC 61-25 S.C. CODE REGS. 61-25 This South Carolina regulation concerns outdoor dining with pets. The regulation first defines pets as domesticated cats, dogs, and ferrets. A retail food service establishment may allow customers to be accompanied by pets in an outdoor dining area provided the retail food service establishment complies with the requirements of this section and all other applicable sections of this regulation. Among other requirements include availability of cleaning supplies and sanitizers in the outdoor pet dining area, signage indicating that the area is "pet dining friendly," a separate outdoor entrance to the dining area, a requirement that owners keep pets restrained at all times, and a prohibition on pets on the table, countertop, or other food contact surface. Administrative
SC - Leash - § 51-3-145. Certain acts unlawful at state parks. Code 1976 § 51-3-145 SC ST § 51-3-145 This South Carolina law contains a dog leash provision that states that it is unlawful for any person to bring a dog or any other animal into the park or facility unless it is crated, caged, or upon a leash not longer than six feet or otherwise under physically restrictive control at all times (see section P). This provision concerns any park or facility under the jurisdiction of the Department of Parks, Recreation and Tourism. Statute
SC - Equine Activity Liability - Article 7. Equine Liability Immunity. Code 1976 § 47-9-710 - 730 SC ST § 47-9-710 - 730 This South Carolina section provides that an equine activity sponsor or an equine professional is not liable for an injury to or the death of a participant resulting from an inherent risk of equine activity. The statute also requires the visible displaying of warning signs that alert participants to the limitation of liability by law. Failure to comply with the requirements concerning warning signs and notices provided in this section prevents an equine activity sponsor or equine professional from invoking the privileges of immunity provided by this article. Statute

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