Nesbitt v. Lewis
335 S.C. 441, 1999 S.C. App. LEXIS 63, 517 S.E.2d 11 (1999)
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Rule of Law:
Under South Carolina's strict liability dog bite statute, liability is imposed upon the owner or person having the dog in their care or keeping, which requires demonstrating possession and control over the dog or the premises where the injury occurred. Punitive damages are not warranted unless there is clear and convincing evidence that the defendant's conduct was willful, wanton, or in reckless disregard of the plaintiff's rights.
Facts:
- Gloria Lewis owned a majority interest in her residence where she lived with her son, Gordon Lewis.
- Gloria's daughter, Brenda Taylor, held a minority interest in the property but was married and had lived elsewhere for over five years.
- Gloria and Gordon kept three Chow dogs on the property, which was enclosed by a fence.
- Kevin Nesbitt was at the residence with his minor daughter, Valerie, to mow the lawn.
- After Gloria assured Kevin the dogs were not a problem, Valerie played with them for over two hours without incident.
- The dogs then attacked Valerie, causing significant physical and emotional injuries.
- There was no evidence that any of the dogs had ever attacked or attempted to attack anyone prior to this incident.
- The Lewises had offered to put the dogs inside the house, but Kevin Nesbitt declined the offer.
Procedural Posture:
- Kevin Nesbitt, individually and as guardian for his daughter Valerie, sued Gloria Lewis, Gordon Lewis, and Brenda Taylor in a South Carolina trial court.
- The case was tried before a jury.
- The jury found for the Nesbitts and returned a verdict awarding actual and punitive damages against all three defendants.
- Gloria Lewis, Gordon Lewis, and Brenda Taylor (the appellants) appealed the jury's verdict to the South Carolina Court of Appeals.
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Issue:
Under South Carolina law, does liability for a dog attack extend to a non-resident partial property owner who lacks control over the dogs or premises, and is an award of punitive damages appropriate when the owners had no knowledge of the dogs' vicious propensities and kept them in a fenced yard?
Opinions:
Majority - Stilwell, J.
No, liability does not extend to a non-resident property owner lacking control, and punitive damages are not appropriate under these facts. South Carolina law, both at common law and under statute § 47-3-110, imposes liability on the owner or a person having a dog in their 'care or keeping.' This requires possession and control over either the dog or the premises. Gloria, as the resident and primary caretaker, and Gordon, who lived there and tended to the dogs, both exercised the requisite control to be held liable for actual damages. However, Brenda, who owned only a partial interest, lived elsewhere, and exercised no control over the property or the dogs, owed no duty to the Nesbitts and cannot be held liable. Furthermore, punitive damages require clear and convincing evidence of willful, wanton, or reckless conduct. The undisputed facts that the dogs were fenced, had no prior history of aggression, and that the owners offered to secure them, preclude a finding of the conscious disregard necessary for a punitive damages award.
Analysis:
This case clarifies the scope of liability under South Carolina's dog bite statute by emphasizing the prerequisite of 'possession and control.' It establishes that mere fractional property ownership, without residency or control over the animal, is insufficient to create a legal duty. The decision reinforces the distinction between strict liability for actual damages and the higher threshold of 'willful, wanton, or reckless' conduct required for punitive damages. This holding protects passive, non-resident property owners from liability for torts committed on the premises and maintains a high bar for awarding punitive damages in animal liability cases.
