What to Do After an Attack at a Business or Rental Property Near Hilton Head
Treatment first. Hand this list to someone you trust.
- Emergency room. An ambulance or a friend's car, whichever is faster. Afterward, keep the surgery, therapy and counseling appointments.
- Law enforcement. On the island that means the Beaufort County Sheriff's Office; in Bluffton it may be the town's police. Write down the report number.
- A letter about the video. Ask the manager, in writing, to keep camera footage, incident reports, guard logs, repair records and emails about the attack. Many systems record over themselves within days, and a letter alone may not stop that, so getting legal help early can matter.
- Your own notes. Burned-out lights, a gate propped open, a lock that never worked, no one at the front desk, where the cameras pointed.
- Names. Witnesses, the staff working that night and anyone who stepped in.
- Paperwork. Hold off on signing anything the property or its insurer sends until your questions are answered.
Nightmares, jumpiness and not wanting to leave the house are common after an assault. Your doctor should hear about those too.
Places These Cases Can Arise Around the Island
Resorts, hotels and villa complexes with parking garages and long outdoor walkways; bars and late-night spots on the island and in Bluffton; apartment complexes in Bluffton and Hardeeville; and parking lots after dark. Visitors may not know which corners are poorly lit or which gates don't latch.
When a Property Can Answer for Someone Else's Crime
South Carolina does not make businesses and property owners automatically responsible for every crime someone else commits on their property. Courts balance how foreseeable the danger was against the burden of protective measures.15
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.5 For a villa complex or a bar, that can mean asking about the gate code, the lights along the walkway, the camera angles and how many people were working.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
How Long You Have to File
Most personal injury claims in South Carolina must be filed within three years.2 That limit is for a lawsuit in court, and an insurance claim does not stop it.4 Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years, and a three-year deadline may apply if a qualifying verified claim was first filed.6 Government claims can also carry caps on damages.37
Talk With Us
After an assault, many people replay the night and ask what they should have done differently. We don't start from blame. Take your time telling us about it. If you hire us, the insurers can usually deal with us, and we go through your options together.
We take cases across South Carolina, including Hilton Head, Bluffton and the rest of southern Beaufort County. Our office is on King Street in Charleston. The first conversation can happen by phone. The statewide negligent security page has more. If your injury came from a fall or a hazard instead, see property injuries on Hilton Head.
Call and describe the property as you remember it 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
- 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.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
- 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.5
- 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.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 need to be an earlier crime at that resort or complex?
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.5 The type of place, what the owner knew and what precautions were available can all matter.
The man who attacked me was arrested. Does that make the hotel responsible?
Not automatically. A criminal case against an attacker and a civil negligence claim against a property owner are separate, and a civil claim may be possible even if the attacker is never identified or convicted. The civil questions are about duty, breach and whether the lapse contributed to your injury.8
I was attacked in the parking lot of my Bluffton apartment complex. Is the landlord involved?
It may be, though not automatically. 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
Should I wait for the criminal trial to end?
Waiting has costs. Negotiating with an insurance adjuster does not stop the statute of limitations from running, and the criminal case shouldn't be counted on to pause it either.4 Camera footage and incident logs can also vanish while you wait.
Sources
- Bass v. Gopal, Inc., 395 S.C. 129, 716 S.E.2d 910 (2011)
- S.C. Code § 15-3-530
- S.C. Code §§ 15-78-110 and 15-78-120
- S.C. Code §§ 15-3-20 and 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 §§ 15-78-80 and 15-78-110
- 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.
