What to Do After Being Hurt in an Attack at a South Carolina Business or Apartment Complex
This page covers attacks at hotels, bars, stores, parking lots and apartment complexes. Medical care comes first. A family member or friend can make most of the calls and requests below while you're in the hospital.
- Get to the ER. Call 911 or have someone take you, and keep every follow-up, surgery and counseling appointment after that.
- Report it to police. Ask which agency is handling it and write down the report number.
- Request preservation of evidence. Ask the business or property manager in writing to preserve security footage, incident reports, security logs, maintenance records, and communications about the attack. Video may be overwritten quickly. A preservation request does not ensure the records will be saved, so prompt legal help may be important.
- Write down what you saw. Note the lighting, broken locks or gates, missing staff and where cameras were or weren't.
- Collect names. Get names and numbers of witnesses, staff on duty and anyone who helped you.
- Take your time with anything you're asked to sign. Many people talk to a lawyer first.
Trouble sleeping, fear of going out and flashbacks can follow an attack. Tell your doctor about them so you can get care.
When Can a Business Be Responsible for a Crime Someone Else Committed?
South Carolina businesses and property owners are not automatically responsible whenever someone commits a crime on their property. However, they may be liable when an attack was sufficiently foreseeable and reasonable security measures could have prevented the injury.1 Courts weigh how foreseeable the danger was against the burden of taking reasonable security precautions.3
Previous crimes at or near the property can matter, but they are not always required.3 The facts that may matter include prior incidents, known dangers, lighting, locks, gates, cameras, staffing and what happened during the attack.
How Long You Have to File
Most personal injury claims in South Carolina must be filed within three years.2 The deadline is for filing a lawsuit in court, and an insurance claim does not stop it.4
Claims against South Carolina state or local government entities generally must be filed within two years, although a qualifying verified claim may extend the deadline to three years.5 Government claims may also involve special liability rules and statutory limits on damages.67
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Talk With Us
People hurt in an attack often wonder whether they could have done something differently. We don't start from blame. We start by listening to what happened, at your pace. If you hire us, the insurers can usually deal with us, and we talk with you about your options.
Our firm is based in Charleston and takes negligent security cases across South Carolina. If an attack took someone's life, see our page on wrongful death claims. If your claim is more about a dangerous condition, such as a fall, our page on premises liability claims may fit better.
Walk us through where the attack happened and 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
- 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 be a previous crime at the property?
Not necessarily. Previous crimes at or near a property may help establish that an attack was foreseeable, but they are not always required. South Carolina courts consider the circumstances of the incident and whether reasonable security measures were warranted.3 The nature of the business, known risks, and available precautions may all matter.
The person who attacked me was arrested. Does that affect a claim against the business?
The criminal case against the attacker and a civil claim against the business are separate matters. An arrest or conviction does not automatically make the business responsible. Likewise, a civil claim may be possible even if the attacker is never convicted. The key 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
Can I bring a negligent security claim if I was attacked at my apartment complex?
Possibly. A landlord doesn't have an automatic duty to protect tenants from crimes by others just because it's the landlord. But depending on the 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 the landlord may be liable depends on the facts, including its knowledge of risks, control over the property, and the security measures involved.9
Can I wait until the criminal case is over before doing anything?
Waiting can cost you. The filing deadline for a civil claim is for filing a lawsuit in court, and an insurance claim does not stop it.4 It's risky to count on the criminal case to pause it. Security video and business records can also 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.
