Legal Opinion

Fair v. United States

Supreme Court of South Carolina

Decided February 22, 1999No. 24905PublishedCited by 4 opinions

1Opinion of the Court

MOORE, Justice:

Plaintiff brought this action in federal district court to recover for injuries her daughter sustained when she was attacked by a dog. The attack occurred on another tenant’s premises at the Marine Corps Air Station in Beaufort, South Carolina. We are asked to answer the following certified question:

Does the South Carolina Residential Landlord and Tenant Act overrule Mitchell v. Bazzle, 304 S.C. 402, 404 S.E.2d 910 (Ct.App.1991), so that a landlord, having actual or constructive notice of the presence of a dangerous dog on leased premises, may be responsible for injuries…

2Cases cited5 opinions

  1. Uccello v. LaudenslayerCalifornia Court of Appeal · 1975
  2. Walls v. Oxford Management Co.Supreme Court of New Hampshire · 1993
  3. Newton v. MagillAlaska Supreme Court · 1994
  4. Mitchell ex rel. Mitchell v. BazzleSupreme Court of South Carolina · 1991
  5. Rodgers v. RosenSupreme Court of Oklahoma · 1987

3Cited by4 opinions

  1. Gilbert v. MillerCourt of Appeals of South Carolina · 2003
  2. FOC Lawshe Ltd. Partnership v. International Paper Co.Court of Appeals of South Carolina · 2002
  3. Clea v. OdomSupreme Court of South Carolina · 2011
  4. Nyeaijah Saxon, Individually and as Personal Representative for the Estate of M.F., Minor v. The Scotts Company, LLC, Wal-Mart Stores, Inc., Wal-Mart Stores East, L.P., and Jaycee Foust, Jr.District Court, D. South Carolina · 2026

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