After an Attack at a Johns Island Business or Apartment
Treatment comes first. While you heal, a relative or friend can make most of these requests for you.
- Get to the ER. Call 911, then keep every follow-up, surgery and counseling visit.
- Report it. Ask which police agency has the case and write down the report number.
- Ask in writing for evidence to be kept. Send a dated letter or email asking the business or manager to save camera footage, incident reports, security logs, maintenance records and messages about the attack. Footage can be recorded over fast, and a request doesn't ensure anything is saved, so prompt legal help can matter.
- Note the conditions. Lighting, broken locks or gates, missing staff and where cameras were or weren't. Someone can photograph the lot and walkways at the same hour it happened.
- Get names. Witnesses, staff on shift and anyone who helped.
- Wait before signing. Many people talk with a lawyer first.
Nightmares, fear of leaving the house and flashbacks often follow an assault. Your doctor can help with those too, so mention them.
Kinds of Places Involved
These questions can come up anywhere people gather: shopping centers, apartment complexes and their parking lots, bars and restaurants, gas stations and vacation rentals. If it happened where you live or were staying, save your lease or booking, any messages with the owner or manager, and any notices about locks, lights or gates.
When a Business May Answer for Someone Else's Crime
South Carolina businesses and owners are not automatically liable whenever a crime happens on their property. They may be liable when an attack was foreseeable enough and reasonable security could have stopped the injury.1 Courts weigh how foreseeable the danger was against the burden of reasonable precautions.3
Earlier crimes on or near the property may help, but a claim doesn't always need them.3 Prior incidents, known dangers, lighting, locks, gates, cameras, staffing and what happened during the attack may all bear on it.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Time Limits
Most South Carolina injury claims must be filed within three years.2 That limit is for a lawsuit, and an insurance claim does not pause it.4
A claim against a state or local government body generally must be filed within two years, which a qualifying verified claim may extend to three years.5 With a public property owner, special liability rules and damage limits can apply.67 The statewide page covers negligent security claims in South Carolina.
Talk With Us About What Happened
After an attack, many people replay the night and blame themselves. We don't start from blame. We listen at your pace. If you hire us, the insurers can usually deal with us, and we talk with you about your options.
Our office is on King Street in downtown Charleston. We take cases across South Carolina, including Johns Island. The first conversation can happen by phone.
For a fall or other dangerous condition rather than a crime, see Johns Island premises injury claims.
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
The store had never had trouble before. Does that end the question?
Not necessarily. Earlier crimes at or near a property can help show an attack was foreseeable, but they are not always required, and courts look at the whole situation and whether reasonable security was called for.3 The type of business, known risks and available precautions can all matter.
The attacker was arrested. How does that affect a claim against the business?
They 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 convicted. The main questions are whether the business owed a duty of reasonable security, whether it fell short and whether that contributed to the injury.8
I was attacked at my apartment complex. Could the landlord be responsible?
It may be. A landlord or management company may have a duty to take reasonable steps against foreseeable crime in areas it controls, like parking lots, hallways, entrances and common areas. Liability depends on what it knew, what it controlled and what security was in place.9
Should I wait for the criminal case to finish?
Waiting can hurt you. The civil time limit is for filing a lawsuit, and an insurance claim does not stop it.4 Don't count on the criminal case to pause it, and keep in mind that video and business records can disappear in the meantime.
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.
