What to Do After an Attack at a Charleston Business
This page is for people hurt in an assault, robbery or shooting at a hotel, bar, store, parking garage or apartment complex, whether downtown, in North Charleston or out in the suburbs. Get medical care first. Someone close to you can handle the calls below.
Go to the ER, then keep up with surgery, follow-ups and counseling. Report it to police and keep the report number and the name of the agency.
Camera systems at bars, hotels and parking garages often record over themselves within days. A family member or lawyer can send the manager a written request to keep footage, incident reports, security logs, maintenance records and messages about that night. Even with a letter, nothing forces every record to survive, so early legal help can matter.
While it's fresh, write down the lighting, any broken gate or lock, whether a guard or staff member was around and where the cameras pointed. Get names and numbers for witnesses, employees on shift and anyone who helped. Before signing anything a business or insurer hands you, talk with a lawyer.
After an attack, nightmares, jumpiness and dread about going out are common. Tell your doctor so you can get help with them too.
When a Business May Share Responsibility
South Carolina does not make businesses and property owners automatically responsible for every crime someone else commits on their property. They may be liable when an attack was sufficiently foreseeable and reasonable security measures could have prevented the injury, and courts balance how foreseeable the danger was against the burden of protective measures.13
Prior crimes can matter, but they aren't always required.3 Lighting, locks, gates, cameras, staffing and the events of the attack itself may all come into it.
The Time to File
Most South Carolina injury claims must be filed within three years.2 The date is for a lawsuit, and an insurance claim does not stop it.4
If a state or local government body is responsible, a Tort Claims Act suit generally must be filed within two years, or three with a qualifying verified claim.5 Special liability rules and damage caps may also apply.67
Our South Carolina inadequate security page goes further.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us About What Happened
People who've been attacked often replay the night and wonder what they could have done. We don't start there. Tell us what happened at whatever pace works for you. If you hire us, the insurers can usually deal with us.
Our office is on King Street in downtown Charleston. Hurt by a broken step or a slick floor instead? Our Charleston premises liability page fits that better.
Call and describe the property and what you noticed that night.
South Carolina Law on This
- South Carolina does not make businesses and property owners automatically responsible for every crime someone else commits on their property. They may be liable when an attack was sufficiently foreseeable and reasonable security measures could have prevented the injury; courts balance how foreseeable the danger was against the burden of protective measures.1
- Most personal injury claims in South Carolina must be filed within three years.2
- In South Carolina, a business's duty to protect customers from criminal acts by others depends on how foreseeable the danger was and the burden of taking reasonable security precautions. Previous similar crimes are an important factor, but a business may still have a duty to provide reasonable security without them if other circumstances indicate a heightened risk.3
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.4
- Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered. A three-year deadline may apply if a qualifying verified claim was first filed under the Act.5
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.6
- South Carolina generally limits recovery against government entities under the Tort Claims Act to $300,000 per person and $600,000 total for a single occurrence. The Act does not allow punitive damages or prejudgment interest.7
- A criminal case against an attacker and a civil negligence claim against a property owner are separate. An arrest or conviction does not automatically make the business responsible, and a civil claim may be possible even if the attacker is never identified or convicted. The civil questions include whether the business owed a duty to provide reasonable security, whether it breached that duty and whether the failure contributed to the injury.8
- South Carolina does not impose an automatic duty on landlords to protect tenants from criminal acts by others just because of the landlord-tenant relationship. Depending on the particular circumstances, a landlord or property management company may have a duty to take reasonable measures to address foreseeable criminal dangers in areas under its control, such as parking lots, hallways, entrances and common areas. Whether it may be liable depends on the facts, including its knowledge of risks, its control over the property and the security measures involved.9
Frequently Asked Questions
Does there have to have been an earlier crime there?
Not always. Previous similar crimes are an important factor, but a business may still have a duty to provide reasonable security without them if other circumstances indicate a heightened risk.3 The type of business, what it knew and what precautions were available can all matter.
Police arrested the man who attacked me. Does that help a claim against the business?
The criminal case against an attacker and a civil negligence claim against a property owner are separate. An arrest or conviction does not automatically make the business responsible, and a civil claim may be possible even if the attacker is never identified or convicted.8
It happened in the parking lot of my apartment complex. Could the landlord be responsible?
Possibly. Being the landlord doesn't by itself create a duty to protect tenants from other people's crimes. Depending on the circumstances, though, a landlord or property manager may have a duty to take reasonable measures against foreseeable criminal dangers in areas it controls, such as parking lots, hallways, entrances and common areas. It turns on what the landlord knew, what it controlled and the security in place.9
Shouldn't I let the criminal case finish first?
Holding off has costs. The civil deadline is for filing a lawsuit in court, and an insurance claim does not stop it.4 Don't count on the criminal case to pause anything, and camera footage at a bar or garage may not survive the wait.
Sources
- Bass v. Gopal, Inc., 395 S.C. 129, 716 S.E.2d 910 (2011)
- S.C. Code § 15-3-530
- Bass v. Gopal, Inc., 395 S.C. 129, 716 S.E.2d 910 (2011); Lord v. D & J Enterprises, Inc., 407 S.C. 544, 757 S.E.2d 695 (2014)
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code §§ 15-78-80 and 15-78-110
- S.C. Code §§ 15-78-110 and 15-78-120
- S.C. Code § 15-78-120
- Sean Hall, Nov 5, 2026 page review; see Bass v. Gopal, Inc., 395 S.C. 129, 716 S.E.2d 910 (2011)
- Cramer v. Balcor Property Management, Inc., 312 S.C. 440, 441 S.E.2d 317 (1994); compare Bass v. Gopal, Inc., 395 S.C. 129, 716 S.E.2d 910 (2011) (businesses and invitees)
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
