After an Attack
Whether it happened at a resort, a nightclub, a store lot or your own apartment complex, get treated first; a relative or friend can make most of these calls and requests.
- Go to the ER. Keep every follow-up, surgery and counseling visit after that.
- Report to police. Find out which agency has it and write down the report number.
- Ask for the video in writing. Send the business or manager a written request to keep footage, incident reports, security logs and repair records. Video can be overwritten fast, and a request doesn't ensure anything is saved, so getting legal help quickly may matter.
- What the place looked like. Dark stairwells, a gate propped open, a door that wouldn't lock, no guard at the desk, cameras or none.
- Who was around. Bouncers, desk clerks, the person who called 911, other guests: get a name and number for each.
- Hold off on signing. Many people talk to a lawyer first.
Nightmares, fear of going out and flashbacks are common after an attack. Tell your doctor so you can get help.
Crowds on the Strand
Myrtle Beach and the rest of the Grand Strand draw big crowds to hotels, bars, clubs and parking decks, especially on summer and event weekends. Many visitors are staying somewhere unfamiliar, with no idea what has happened at that property before.
When a Property Owner May Be Responsible
A business isn't automatically responsible for every crime someone else commits on its property. It may be liable if the attack was foreseeable enough and reasonable security could have prevented it, and courts weigh that foreseeability against the burden of the precautions.14
Earlier crimes at or near the property can matter but aren't always required.4 Lighting, locks, gates, cameras, staffing and the attack itself can all be part of the picture.
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
Most South Carolina injury claims must be filed within three years.2 That deadline is for a lawsuit, and an insurance claim won't stop it.3 Claims against a state or local government entity generally have two years, or three with a qualifying verified claim.5 Special rules and damage caps may apply to those.67
Our statewide negligent security page has more.
Talk With Us
People hurt in an attack often second-guess themselves. We don't start from blame. We listen at your pace, and if you hire us, the insurers can usually deal with us.
We take cases across South Carolina, including Myrtle Beach and the Grand Strand. Our office is on King Street in Charleston. The first conversation can happen by phone.
If you were hurt by a hazard instead, like a fall, see property injuries in Myrtle Beach. Tell us what you noticed about the property 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
Does there have to have been a crime there before?
Not always. Earlier similar crimes are an important factor, but a business may still have a duty to provide reasonable security without them, depending on the circumstances.4 The type of business and known risks can matter.
The attacker was arrested. Does that make the hotel responsible?
Not automatically. The criminal case and a civil claim against the property owner are separate, and a civil claim may be possible even if the attacker is never caught or convicted. The civil questions are about the owner's duty, whether it was met and whether that mattered.8
I was attacked in the parking lot of my apartment complex. Could the landlord be responsible?
Possibly. A landlord or management company may have a duty to take reasonable steps against foreseeable crime in areas it controls, like lots, hallways and entrances. Its knowledge of past trouble, its control over the spot and the security it had all factor in.9
Should I wait for the criminal case to finish?
Waiting can hurt. The civil deadline is for filing a lawsuit, and an insurance claim doesn't stop it.3 The prosecution won't stop that clock, and hotel or bar video may be gone by the time a trial ends.
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.
