Dog bite cases often hinge on what is written down in the first 24 to 72 hours. In South Carolina, the paper trail starts with an official incident report, then branches into animal control records, quarantine and rabies documentation, photographs, and sometimes prior complaints against the same animal or owner. When I evaluate a new dog attack case, I try to secure this documentation before medical bills begin to stack and memories blur. The process is simple in outline but tricky in practice, because each county handles records a little differently and deadlines can affect what you can get and when.
This guide walks through how attorneys actually obtain the official records for a South Carolina dog attack, what to request, the practical obstacles, and why the specific language in these reports matters for liability and insurance. I will also point out where a personal injury lawyer’s approach overlaps with other practice areas, because dog bite injuries often come bundled with premises liability, workers compensation, or even automobile insurance if the attack happened from a vehicle.
Why the incident report matters more than people think
Most clients assume the report merely states that a dog bit someone. In reality, the best reports do three critical things. First, they lock in timelines: date and time of the bite, response times, and whether the owner complied with leash or quarantine requirements. Second, they capture unfiltered statements from owners, neighbors, and first responders, the kind of statements that get polished later once insurance adjusters are involved. Third, they establish location, which controls which ordinances apply, and that can shift liability. A bite at a public park in Charleston falls under a different leash standard than a rural property in Laurens County.
In South Carolina, state law imposes strict liability on dog owners in many circumstances, but defenses like provocation or trespass still surface. A well-drafted incident report will record whether the victim was lawfully on the property, whether the dog was at large, and whether there were warning signs. I have seen half a sentence, “Dog was off leash on sidewalk,” move an insurer from denial to policy limits within two phone calls.
Where reports come from: police, sheriff, and animal control
Depending on where the attack occurred, the first report might be taken by a city police department, a county sheriff’s office, or a standalone animal control division. After-hours calls often route through law enforcement dispatch, which means patrol officers arrive first and generate an incident number. During business hours, some counties send animal control officers as the primary responders, and the law enforcement incident form references the animal control case number rather than repeating the details.
For attorneys, that split matters. Police reports are usually easier to request and track through standard records portals. Animal control files can be more eclectic: officer notes, quarantine orders, vaccination records, citations, and sometimes photographs of the dog or the scene. I have found that the richest factual details come from animal control, especially when there is a history of prior calls.
First move: secure the police or sheriff’s incident report
Start with the jurisdiction where the bite happened. If you do not know the exact agency, call the non-emergency line for the city or county and ask for Records with the date, approximate time, street address, and names of those involved. Most agencies can search by location or victim name. If there is any chance EMS responded, request the call for service (CAD) log alongside the incident report. The CAD printout timestamps when 911 received the call, when responders were dispatched, and when they cleared the scene. Those times become useful when reconstructing events or rebutting claims that a victim fled without identifying the dog.
Expect two versions of the incident report. The initial version appears quickly, sometimes within 24 to 72 hours, and includes narrative and basic facts. The supplemental version lands later with addenda from animal control or the investigating officer once citations or quarantine orders issue. Ask for both, and ask the records clerk to flag your file for any forthcoming supplements.
Most South Carolina agencies accept electronic public records requests. Use their online portals when available, but keep a fax or email template ready for smaller departments that prefer forms. If you are local, a short, polite visit to the records window often speeds things up more than a string of emails.
The animal control file: where the real story hides
Once you have the incident number, pivot to animal control. In South Carolina, animal control may sit under a county public safety department or within a city. The animal control file often includes:
- Officer narrative notes with owner statements, witness names, and leash or restraint observations Rabies vaccination verification and quarantine orders Photographs of the dog, injuries, or the property’s fencing and gates Citation copies, including code sections for leash law or nuisance violations Prior complaint history for the same dog or owner, if allowed to be released
Those prior complaints can be sensitive. Some jurisdictions limit release if the complaints are unverified or involve other victims, and they may redact names. Do not assume a denial ends the trail. Narrow your request to dates, addresses, and whether the same animal was the subject, and offer to accept redactions. If an agency still refuses, you can consider a more formal Freedom of Information Act request under the South Carolina Freedom of Information Act, but weigh timing. A cooperative phone call can be faster than a formal demand, and speed often matters more than completeness in the first two weeks.
HIPAA, PHI, and navigating medical records at the scene
Law enforcement cannot release your client’s protected health information, but photographs taken by officers are usually not considered medical records, even if they show injuries, unless taken by EMS as part of treatment. EMS patient care reports require a signed HIPAA authorization. The trick is to get the CAD log to confirm EMS involvement, then send a narrowly tailored request to the EMS provider with your client’s signed authorization. Ask for the patient care report, run sheet, and photographs. Those reports often note pain levels, wound depth, and whether bleeding was controlled, details that help explain why stitches were necessary or why scarring developed.
Timing and retention quirks that can cost you evidence
I have seen dash camera footage and body-worn camera video auto-delete after 60 to 90 days if nobody flags the incident for retention. The retention policy varies by agency. When you submit your initial request for the incident report, include a separate line requesting preservation of any body-worn camera, dash camera, or 911 audio related to the incident. You do not need the final transcript to get the preservation done. A quick follow-up email one week later, asking for confirmation that the media has been placed on hold, can save you from the dreaded, “Video was purged per policy.”
Photographs within animal control files can also be temporary if stored on officer devices or temporary shares. Ask that any digital evidence be retained and copied to your request. Offer to pay reasonable duplication fees up front to remove a common bottleneck.
Reading the report like a lawyer, not a layperson
When I scan a dog attack report, I go sentence by sentence with a specific checklist in mind. Where did the bite occur, public or private property, inside a fence or outside? What was the dog doing before contact, roaming or restrained? Did the owner admit anything about prior aggression, or say “he’s never done this before,” a phrase that helps establish the dog’s typical behavior. Was the victim lawfully present, and is that fact stated plainly. Are there witnesses named with phone numbers, or just “neighbor stated” with no identifying details. Finally, are there any ordinance citations, and if so, under which code sections.
If the narrative is thin, consider calling the officer directly, politely, and ask if a supplement is coming. Officers are often juggling multiple calls and will jot a promised follow-up. If you supply additional witness names or photographs promptly, they can become part of the official file, which lends credibility later when adjusters review it.
South Carolina law and how records support strict liability
South Carolina’s dog bite statute imposes civil liability on the owner or person having the dog in their care or keeping when the dog bites or otherwise attacks a person who is in a public place or lawfully in a private place. Defenses can include provocation or trespass. Records prove or disprove these defenses. A narrative stating the victim was walking on a public sidewalk undercuts a trespass argument. A line noting the dog “charged through a partially open gate” supports negligence in maintenance or control. Photographs of a broken latch do more than any argument can.
Insurance adjusters read the same text. That is why precise wording affects offers. An adjuster might stick on “unknown if dog was leashed,” but will move when the supplement clarifies “no leash attached when officer arrived.” The difference often lies in that second report.
What to do when there is no report
Not every bite gets called in, especially if owners promise to pay medical bills informally. If a client comes to you after the fact, still file a report. Many agencies will take a delayed report if you provide medical documentation and photographs. You will not get the same fresh witness statements, but you will create an official anchor for timelines and medical causation. I have filed delayed reports a week later, then knocked on two doors to identify the dog. Once the owner realized a report existed, cooperation improved, and we obtained vaccination proof without a fight.
If you cannot identify the owner, canvass with purpose. Ask nearby residents whether anyone walks a similar dog, note ring cameras, and request that homeowners save footage while you sort out permissions. Some neighborhoods use shared apps where residents post about loose animals or recent bites. Screenshots can preserve dates and comments, but get originals where possible.
Quarantine and rabies documentation: the most time-sensitive records
South Carolina requires quarantine when vaccination status is unknown or lapsed. Quarantine orders and releases tell you whether public health had concerns. If a client undergoes rabies post-exposure prophylaxis because the dog could not be observed, the paper trail will show why. That treatment can drive medical costs above five figures, which can change a case’s settlement value significantly. Get the quarantine paperwork early and keep it in your core file. If the owner resists, animal control records will usually show whether the dog was observed for the required period and the result.
Photographs and scene documentation that outwork arguments
I prefer photographs that show scale and context. A close shot of puncture wounds helps a surgeon, but a wide shot that includes a tape measure or a familiar object conveys severity better in negotiation. If the bite happened at a gate or fence, take photographs that show the hinge, latch, gap under the fence, and the relation to the sidewalk or driveway. Many dog cases turn on inches. A two-inch gap might be within code in one municipality and out of compliance in another, and the difference affects how an adjuster frames negligence.
When animal control or police take their own photos, request copies. Do not assume their photographs overlap with yours. I once found that the officer’s photos included a frayed lead the owner had removed before I arrived. That single image contradicted the owner’s later claim that the dog had been indoors before the attack.
Witness names and how to keep them alive in the file
Reports too often refer to “neighbor” or “witness” without a name. If the officer omitted contact details, ask the records clerk whether a separate witness statement form exists in the file. Some agencies store these as attachments not automatically released. If there were no written statements, call the officer to see whether they logged names in their notebook. If that fails, return to the scene promptly and knock on doors with courtesy and a short script. People forget within days. A simple, “We are confirming what time you first heard the dog barking,” often opens a longer conversation about prior aggressive behavior.
Once you secure witness cooperation, memorialize it with a brief signed statement or a recorded call with permission. If the case later moves to litigation, your early preservation of witness identities will save months of subpoena work.
Insurance context: homeowner’s, renter’s, and sometimes auto
Many dog bite claims resolve through homeowner’s or renter’s liability coverage. Records help the insurer connect the dog to the insured property. If the attack occurred off premises, the policy may still cover the incident, but expect questions about where the dog frequently resides. Photos of the dog at the insured address or prior animal control visits to that home will matter. In rare cases, a dog attack tied to a vehicle, for instance a dog protruding from a truck bed that bites a passerby, may implicate auto insurance. If a vehicle is in the narrative, treat it like an auto incident: capture plate numbers, request any in-car video, and consider how an auto accident attorney would build the file. A seasoned personal injury lawyer will look across coverages to avoid leaving money on the table.
When and how to escalate with FOIA
Most routine records arrive without drama. If an agency delays or denies records you know exist, weigh a formal FOIA request. Under South Carolina law, public bodies must respond to written requests within a set timeframe, often ten business days for documents less than two years old, though production can take longer. When I escalate, I keep the request narrow and factual. Instead of “all records,” I specify the incident number, date, and categories, such as “body-worn camera video for Officer Smith for the time period 14:15 to 15:00.” Narrow requests are harder to refuse and faster to fulfill.
Keep the tone professional. Records clerks are gatekeepers, not adversaries. Many will go out of their way to help when you demonstrate clarity and patience.
Coordination with medical documentation and damages
Official reports build liability. Medical records build damages. Align the two. When the incident report states “multiple puncture wounds to right calf,” ensure the ER triage note mirrors that anatomy and later surgical notes trace the scarring to that same site. If the report mentions torn clothing, preserve the clothing and photograph it with a ruler. If the narrative notes “fell backward onto concrete,” anticipate additional claims for head, wrist, or hip injuries, and instruct the client to mention fall-related pain to providers. I have resolved cases in which the dog bite itself accounted for only a small portion of the damages, while the fall caused a fractured wrist that drove the claim value. Without the initial line in the report about the fall, insurers will challenge causation.
Practical pitfalls that can derail a clean record
A friendly owner who apologizes at the scene can turn cautious after speaking with an insurer. If you or your client receive early calls from an adjuster, advise the client to keep statements brief and factual, and to avoid speculating about provocation or comparative fault. The official report should do most of the talking. Likewise, social media posts can collide with reports. A lighthearted photo of a bandage posted hours after the bite will end up in an insurer’s file. Keep clients focused on documentation, not public commentary.
Redactions frustrate clients. Agencies redact juvenile names, certain medical details, and sometimes home addresses. Do not fight every black bar. Identify what matters for your theory and ask whether unredacted versions can be provided to counsel under a protective notation. Often the answer is yes once you explain the need.
How this intersects with broader injury practice
Dog attacks often cross into other personal injury categories. A delivery worker bitten on a customer’s porch might have a workers compensation claim and a third-party liability claim against the dog owner. A fall during the attack can create a slip and fall dimension if stairs or poor lighting contributed. Knowing how to obtain and align records from multiple systems, workers comp files, homeowner’s claim logs, and municipal records, lets you assemble a coherent case instead of siloed fragments.
For firms that also market as accident lawyer, accident attorney, or personal injury attorney, the muscle memory used in auto accident attorney work applies: lock down the scene, preserve video, get the CAD logs, and keep a timeline. Clients searching “car accident lawyer near me” often land on our pages even for dog bites. The intake may start with the wrong keyword, but the playbook translates. A Dog bite lawyer or dog bite attorney should be ready to run that same sequence, while tailoring the requests to animal control and public health agencies.
A compact attorney workflow that works
- Within 24 hours of intake: request police or sheriff incident report and CAD log, send a preservation request for body-worn and dash video, and identify the proper animal control agency. Within 48 to 72 hours: request the animal control file, including officer notes, photographs, quarantine orders, and citations; send EMS authorization if applicable. Within the first week: photograph injuries and scene, canvas for witnesses, and align medical complaints with report language; check for supplements and confirm media retention. Weeks one to three: follow up on FOIA or narrowed requests for any withheld items, obtain quarantine outcome, and request any prior complaint history with appropriate redactions. Ongoing: reconcile report narratives with medical findings and client statements, update insurers with clarifying supplements, and evaluate coverage across homeowner’s, renter’s, and, if relevant, auto policies.
Two real-world patterns and how records resolved them
A teenager was bitten while riding a bicycle on a cul-de-sac. The initial report called it a “scratch from unknown contact.” We requested the supplemental narrative and animal control photos, which showed torn fabric with blood and a clear bite pattern. The owner had first told the officer the dog “jumped near” the bike, but the supplement recorded, “Dog’s teeth made contact.” That small change, backed by photos, shifted the insurer from denying to paying policy limits after scar revision costs came into view.
In another case, a home health aide suffered deep punctures on the forearm while entering through a side gate. The owner insisted she should have used the front door. The incident report placed the attack “in front yard,” ambiguous enough to fuel arguments about permission. The body-worn camera video, preserved early, captured the owner saying, “I forgot to lock the side gate again,” while pointing to a broken latch. That phrase cut through the noise about which door was proper and tied liability to a maintenance failure. Without the video, we would have argued over protocol; with it, the case settled on strong terms.
When to bring in reinforcements
If records stall or arrive incomplete, do not hesitate to involve a colleague who focuses on FOIA in South Carolina, or to consult a personal injury lawyer with deep local knowledge of a specific county’s animal control habits. Small agencies can be idiosyncratic. A five-minute call from someone who knows the records clerk’s preferred format sometimes unlocks a week of delay. If you also handle truck accident lawyer or motorcycle accident lawyer matters, you already know how crucial relationships with records departments can be. The same relationships pay off here.
Final thoughts on momentum and precision
Dog attack cases reward early, precise action. The difference between an anemic file and a commanding one is often a handful of documents: the original incident report, a well-timed supplement, the animal control narrative, and preserved audio or video. Each speaks to an element, liability, causation, and damages. Move quickly, ask for what you need in the language agencies recognize, and read every line as if an adjuster will quote it back to you six months later.
Clients will remember that you calmed the chaos and put the facts in order. That begins with obtaining the right records, at the right time, and using them with the discipline of a seasoned injury attorney. Whether you label yourself a Dog bite lawyer, a Personal injury attorney, or even the best car accident lawyer in your market, the craft is the same: capture the Workers comp attorney truth while it is fresh, and build a file that advocates for your client even when you are not in the room.