A new South Carolina law provides police K-9 units some protection in court.
Until last month, the state’s strict liability statute for dog bites meant criminal suspects could almost certainly collect a settlement if a police dog bit them, regardless of the situation, said Senate Judiciary Chairman Larry Martin, the bill’s sponsor. That’s because the law made exceptions only if the person bitten was trespassing on private property or had directly harassed the dog into attacking.
“If a suspect turned on an officer making an arrest, and the dog bit the suspect, then there would be liability for the dog bite,” Martin, R-Pickens, said in an interview this week. “When I realized that and just how one-sided existing law was, I felt we needed to change it.”
His measure, which Gov. Nikki Haley signed into law June 12, added an exception for certified police dogs that are on duty and responding to a lawful command or otherwise acting according to their training. The dog and its handler can’t use excessive force and must follow policy.
Whether a K-9 acts appropriately becomes a jury question, Martin said.
South Carolina is among three dozen states with strict liability for dog bites or attacks, meaning it doesn’t matter if the owner was at fault, negligent or knew the dog was vicious.
Laws in 14 states and the District of Columbia already provided liability exceptions for injuries caused by dogs acting under the direction of military or police, according to the National Conference of State Legislatures.
Other states have limited K-9 liability through precedent-setting court decisions. But in South Carolina, such a case has yet to come to trial, said Jeff Moore, director of the state Sheriff’s Association.