After an Attack at a Business or Apartment Complex in Spartanburg County
Hotels, bars, shopping centers, motel lots and apartment complexes are what we mean here. Treatment comes first. A relative or friend can handle most of the calls and letters below.
- ER first. Call 911 or get a ride, then keep every follow-up, surgery and counseling visit.
- Police report. Depending on location, Spartanburg Police, the Sheriff's Office or a town department may handle it. Write down the report number.
- Ask in writing for the evidence to be kept. Send the manager or property company a letter asking them to keep camera footage, incident reports, security logs, repair records and messages about the attack. Footage can be recorded over fast. A letter doesn't ensure anything is saved, so getting a lawyer involved soon may matter.
- Note the conditions. Dark spots, broken locks or gates, no staff around, where cameras were and weren't.
- Names and numbers. Witnesses, employees on shift and anyone who stepped in.
- Slow down on signatures. Many people check with a lawyer first.
Nightmares, fear of leaving home and flashbacks are common after an assault. Mention them to your doctor so you can get care.
When a Business Can Be Responsible 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. They may be liable when an attack was sufficiently foreseeable and reasonable security measures could have prevented the injury.1 A business's duty depends on how foreseeable the danger was and the burden of taking reasonable security precautions.3
Previous similar crimes are an important factor, but a business may still have a duty without them.3 Past incidents, known dangers, lighting, locks, gates, cameras, staffing and the attack itself can all come into it.
The Filing Deadline
Most personal injury claims in South Carolina must be filed within three years.2 That's a deadline to file suit in court, and an insurance claim won't pause it.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, and a three-year deadline may apply if a qualifying verified claim was first filed.5 South Carolina generally limits recovery against government entities under the Tort Claims Act, and special liability rules may apply.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
After an attack, people often replay what they might have done differently. We don't begin with blame. We listen at whatever pace works for you. If you hire us, the insurers can usually deal with us, and we'll talk through your options.
We take cases across South Carolina, including Spartanburg County. If a fall or a hazard caused the injury instead, see premises liability in Spartanburg. For the statewide view, see negligent security claims.
Call and describe where it 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
Nothing like this had happened there before. Can the owner still be responsible?
Possibly. Prior incidents help, though a clean history doesn't settle the question. A business may still have a duty to provide reasonable security depending on how foreseeable the danger was and the burden of precautions.3 A late-night bar and a daytime pharmacy face different risks and precautions.
Deputies arrested the man who attacked me. Does that make the business liable?
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 include whether the business owed and breached a duty of reasonable security and whether that contributed to the injury.8
I was jumped in my apartment complex parking lot. Who is responsible?
Possibly the landlord. 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 and the security measures involved.9
Shouldn't I hold off until the criminal trial is done?
Holding off has costs. The civil deadline is about filing a lawsuit, and negotiating with an insurance adjuster does not stop it.4 The prosecution runs on its own calendar, not yours. Meanwhile, a store's video system may loop over the night in question.
Can I talk with you without traveling to Charleston?
The first conversation can happen by phone. Our office is on King Street in Charleston.
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.
