What to Do After an Attack at a Business or Apartment Complex
This page is about attacks at hotels, bars, stores, parking lots, rentals and apartment complexes in and around Mount Pleasant. Medical care comes first. A family member or friend can handle most of the calls and requests below.
- Get emergency care. After the ER, keep up with surgery, follow-ups and counseling.
- Report it. Ask which agency has the case, whether Mount Pleasant Police, a beach town's police or the Sheriff's Office, and write down the report number.
- Ask in writing for evidence to be kept. Ask the business or property manager to save video, 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 kept, so getting legal help early can matter.
- Record the conditions. Was the lot dark? Was a door propped open or a gate broken? Was anyone on duty? Where were the cameras?
- Collect names. Witnesses, staff on duty and anyone who helped.
- Be wary of forms from the property. A lawyer can read them before you sign.
Nightmares, anxiety in parking lots and flashbacks are common after an assault. Those are real injuries, and doctors can treat them.
When a Business May Be Responsible for Someone Else's Crime
Businesses and property owners in South Carolina aren't automatically responsible for every crime on their property. They may be liable when an attack was foreseeable enough and reasonable security could have prevented the injury.1 Courts weigh how foreseeable the danger was against the burden of reasonable precautions.4
Past crimes at or near the property matter but aren't always required.4 Burned-out lights, broken gates, empty guard posts, past calls to police and the attack itself can all matter.
How Long You Have to File
Most injury claims in South Carolina must be filed within three years.2 The deadline is for a lawsuit, and an insurance claim doesn't stop it.3
A Tort Claims Act suit against a state or local government body generally must be filed within two years, though a qualifying verified claim may extend that to three years.5 Government claims can also come with special liability rules and caps on damages.67
The statewide page covers negligent security claims. If your injury came from a fall or a hazard instead, see Mount Pleasant premises liability claims.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
After an attack, people often wonder what they could have done differently. 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 through your options.
We take cases across South Carolina, including Mount Pleasant and the islands. Our office is on King Street in downtown Charleston.
Describe the hotel, bar, lot or complex and what stood out to you 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
- 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.3
- 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.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 bar says nothing like this ever happened there before. Does that end my claim?
Not necessarily. Earlier crimes at or near a property can help show an attack was foreseeable, but they aren't always required, and other circumstances can point to a higher risk.4 A late-night bar and a daytime office pose different risks.
The man who attacked me was arrested. Does that make the business responsible?
Not automatically. The criminal case and a civil claim against the business are separate, and a civil claim may be possible even if the attacker is never convicted. The civil questions are whether the business owed a duty of reasonable security, whether it fell short and whether that contributed to your injury.8
I was attacked in the parking lot of my apartment complex. Can I bring a claim?
Possibly. Being your landlord doesn't by itself make a company responsible for protecting you from other people's crimes. Still, depending on the circumstances, 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. Whether it may be liable depends on what it knew, what it controlled and what security was in place.9
Can I wait until the criminal case is over?
Waiting can hurt you. The civil deadline is for filing a lawsuit, and an insurance claim doesn't stop it.3 Don't count on the criminal case to pause it, and security video and records can disappear in the meantime.
Can I talk with you without coming downtown?
Yes. The first conversation can happen by phone. Our office is on King Street in Charleston if you'd rather meet later.
Sources
- Bass v. Gopal, Inc., 395 S.C. 129, 716 S.E.2d 910 (2011)
- S.C. Code § 15-3-530
- S.C. Code §§ 15-3-20 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 §§ 15-78-110 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.
