Harris v. Anderson County Sheriff’s Office

673 S.E.2d 423 (2009)

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Nature of the Case

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Facts

Deputy Caron kenneled his police dog (Sleuber) at the Happistance Veterinary Clinic while he was on vacation. Sleuber had a recent history of multiple unprovoked attacks, a history well known to Deputy Caron, and D. P worked at the clinic as a veterinary assistant. While kenneled at the clinic, Sleuber attacked P, severely injuring her. P did not provoke the attack. P got workers’ compensation and the clinic, P, subsequently filed this lawsuit asserting claims under section 47-3-110 and negligence. Cross-motions for summary judgment were filed. The court reasoned that P was no longer in control of its police dog (and should not be held responsible) once care of the dog was relinquished to the clinic. The court held that when a dog owner leaves his dog in the care of another, section 47-3-110 only permits a claim against the 'other person having the dog in his care or keeping.' P appealed.