South Carolina Complaint by Owner of Dog against Bailee for Damages for Failure to Return Animal

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US-01671BG
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Description

At common law, the owner of a domestic animal had such a property right as to enable the owner to recover, in a conversion action, for its taking or detention, or to maintain an action of replevin for its recovery. The following form is a complaint that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

Unlike other states, South Carolina does not have a ?one bite? rule that might say that a dog must have previously bitten somebody in order for the owner to be held liable for future injuries. Dog owners may not be considered liable for dog bite damages if provocation occurred. Provocation may include abuse or teasing.

Table of State Holding Laws STATELAW(S)LENGTH OF HOLDING PERIODSouth CarolinaCode 1976 § 47-3-605 daysSouth DakotaTennesseeT. C. A. § 68-8-107Dog or cat wearing rabies vaccination tag or other identification 5 days Dog or cat not wearing tag or other identification 3 daysTexas47 more rows

State and local laws apply to pertain to dogs. The state of South Carolina requires that anyone who brings their dog to public areas or a dog park must have their dog crated, contained, or on a leash or harness that is no longer than six feet.

South Carolina law (Code 1976 § 51-3-145) states that it's unlawful for any individual to bring a dog to a park or facility unless it is crated, caged, or safely restrained by a harness not longer than six feet. An owner must also register a dangerous dog with local authorities.

Abandonment of Animals SC Code Section 47-1-70 makes it a misdemeanor punishable by up to 30 days to abandon an animal. ?Abandonment? means ?deserting, forsaking, or intending to give up absolutely an animal without securing another owner or without providing the necessities of life.?

Traditionally, South Carolina's courts consider pets to ?personal property? much like your TV or your car.

Section 47-3-220. Any person who may find any dog in the act of worrying or destroying any sheep or large livestock in this State may kill such dog and such person shall not for so doing be held to answer to any action, civil, or criminal. Section 47-3-230.

Table of State Holding Laws STATELAW(S)LENGTH OF HOLDING PERIODSouth CarolinaCode 1976 § 47-3-605 daysSouth DakotaTennesseeT. C. A. § 68-8-107Dog or cat wearing rabies vaccination tag or other identification 5 days Dog or cat not wearing tag or other identification 3 daysTexas47 more rows

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South Carolina Complaint by Owner of Dog against Bailee for Damages for Failure to Return Animal