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Keywords

damagesnegligenceliabilitymotionsustainedpunitive damagescommon law

damagesnegligenceliabilitystatutetrialverdictmotionstrict liabilitypunitive damagescommon lawappellant

Related Cases

Nesbitt v. Lewis, 335 S.C. 441, 517 S.E.2d 11

Facts

Gloria Lewis, who is legally blind, owns three Chow dogs for security and companionship. The attack occurred in her fenced backyard while Kevin Nesbitt was mowing the lawn and his daughter, Valerie, was playing with the dogs. After initially petting the dogs without incident, Valerie was attacked when she was out of Kevin's sight. Kevin managed to intervene, but Valerie sustained serious injuries requiring surgery and a hospital stay, resulting in significant medical bills and emotional distress.

The attack occurred in Gloria's fenced backyard while Kevin was there mowing the lawn and Valerie was with him. Earlier, Kevin asked Gloria about the dogs and Gloria told him they would not be a problem.

Issue

Whether the dog owners had sufficient possession and control of the dogs and premises to impose liability, and whether punitive damages were warranted.

The appellants first argue that the trial court erred in failing to grant their motion for a directed verdict because the Nesbitts failed to prove the elements of common law negligence.

Rule

Under South Carolina law, dog owners are strictly liable for injuries caused by their dogs if the victim is lawfully on the owner's property, unless the victim provoked the dog. The court also applied the common law negligence standard regarding the possession and control of the dogs.

The statute imposes strict liability on dog owners when the victim is lawfully on the owner's property, except where the victim provokes the dog.

Analysis

The court found that Gloria and Gordon had the requisite possession and control of the dogs and premises to submit the negligence cause of action to the jury. The evidence supported that Valerie was a licensee on the property, as she was there with the consent of the owners. However, the court determined that there was insufficient evidence to support the punitive damages claim, as the dog owners had not previously allowed the dogs to roam freely and had taken precautions to secure them.

We find sufficient evidence in the record for a jury to conclude Valerie was at least a licensee and thus remained on the property lawfully.

Conclusion

The court affirmed the jury's award of actual damages against Gloria and Gordon but reversed the punitive damages award and found no liability against Brenda.

In summary, we affirm the finding of actual damages against Gloria and Gordon but reverse the award of punitive damages and a finding of any liability against Brenda.

Who won?

Kevin Nesbitt, as guardian for Valerie, prevailed in obtaining actual damages for the injuries sustained by his daughter, as the court found sufficient evidence of liability against Gloria and Gordon.

The jury granted Kevin $6850 in actual damages and granted Valerie $15,000 in actual damages and $25,000 in punitive damages.

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