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HENRY v. LEWIS6/2/1997
lawfully in a private place, including the property of
the owner of the dog or other person having the dog in
his care or keeping, the owner of the dog or other
person having the dog in his 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.
Dr. Henry argues the holding in Hossenlopp should apply to horse kick cases as well as to
As appealing as Dr. Henry's argument may be, it is clear that the holding in Hossenlopp is limited to cases involving dog attacks. Furthermore, the legislature had the opportunity to expand the rule in passing section 47-3-110, but instead chose to specifically limit the rule to dog attack cases. Under
Accordingly, the decision of the special circuit court judge is
AFFIRMED.
STILWELL and HOWARD, JJ., concur.
Page 1 2 South Carolina Personal Injury Attorneys
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