Theresa Charlene Clea, individually and as Guardian ad Litem for Trevon C., a minor under 18 years of age, Appellant, v. Lana Odom, Personal Representative of the Estate of Edward Carter and Essix Shannon, Respondents., 394 S.C. 175

Summary

The tenant kept his dog chained to a tree in a common area of the apartment complex; the child approached the dog, which bit him. The high court held that the trial court erred in granting the landlord summary judgment on the § 47-3-110 claim; as the landlord knew the tenant kept the dog chained in the common area, there was a genuine issue of material fact as to whether the landlord assumed responsibility for the keeping of the dog. As the landlord had a duty under S.C. Code Ann. § 27-40-440(a)(3) to keep all common areas reasonably safe, he was not entitled to summary judgment on appellant's common law negligence claims, because the attack occurred in a common area and there was evidence he had actual knowledge of the dog's vicious propensity, since it had previously attacked another child. But as the presence of the dog was not an "artificial condition" on the land, the trial court properly granted the landlord summary judgment as to appellant's attractive nuisance claim.