The short answer: Under South Carolina premises liability law, a property owner or manager can be held partly responsible when a foreseeable crime injures someone on their property and reasonable security measures could have prevented it. The person who committed the crime bears primary responsibility, but an owner who ignored known dangers may share liability. Most South Carolina injury claims must be filed within three years.
Being hurt in a robbery, an assault, or a shooting doesn’t just leave physical wounds. It can leave you frightened, angry, and wondering how it was allowed to happen. If you were attacked in a place that should have been safe, or you lost someone you love to violence on someone else’s property, you may have more legal options than you realize. Here’s what negligent security means in South Carolina and how our attorneys can help.
In this article, our Lexington premises liability lawyer discusses:
– What negligent security means in South Carolina.
– Where these claims commonly happen.
– What you have to prove in a negligent security lawsuit.
– How a property owner can share liability with a criminal.
– How long you have to file.
– How Smith & Jones Law can help.
What Is Negligent Security In South Carolina?
Negligent security is a type of premises liability claim that arises when a property owner or manager fails to take reasonable steps to protect individuals from foreseeable crime. South Carolina law recognizes that businesses and landlords owe individuals on their property a duty to take reasonable action to protect them against an unreasonable risk of harm. When an owner knows or should know that crime is likely and does nothing, and someone is hurt as a result, that owner may share responsibility for the harm.
This doesn’t make a property owner responsible for every crime. It focuses on what was reasonable given a foreseeable risk.
Where Do Negligent Security Claims Happen?
These claims can arise anywhere a property owner invites the public or houses tenants. Common settings in South Carolina include:
– Apartment complexes and condominiums.
– Parking lots and parking garages.
– Hotels and motels.
– Bars and nightclubs.
– Shopping centers and retail stores.
– Workplaces and office buildings.
A shooting at an apartment complex with broken gates or burned-out lighting is a common example. The common thread is that the owner controlled the property and could have made it safer.
What Do You Have To Prove In A Negligent Security Lawsuit?
To win a negligent security lawsuit in South Carolina, you generally have to show three things.
First, the crime was foreseeable. This often means there were prior similar crimes on or near the property, or other warning signs that violence was likely. South Carolina courts use a balancing approach, weighing the foreseeability of the crime against the burden of taking additional precautions (see Bass v. Gopal, Inc., 395 S.C. 129, 716 S.E.2d 910 (2011)).
Second, the owner failed to take reasonable security measures. Considerable measures may include adequate lighting, working locks and gates, security cameras, or security personnel.
Third, that failure contributed to your injury. In other words, better security likely prevented or reduced the harm.
If A Criminal Hurt Me, How Can A Property Owner Share The Blame?
The criminal who committed the act bears primary responsibility, but South Carolina law can still hold a property owner partly liable for failing to provide reasonable security. Responsibility isn’t all or nothing, and more than one party can share fault for what happened to you.
How Long Do You Have To File A Negligent Security Claim In South Carolina?
For most personal injury and wrongful death claims in South Carolina, you have three years from the date of the injury to file a lawsuit, under S.C. Code Ann. § 15-3-530. Waiting can cost you. Security footage gets erased, witnesses move, and evidence disappears. The sooner you call, the more our team can do to protect your claim.
Hurt by a crime that better security could have prevented? Contact Smith & Jones Law today for a free consultation. Call 803-784-0730.
How Smith & Jones Law Can Help Across South Carolina
Negligent security cases are hard-fought because property owners and their insurers rarely admit they should have done more. With 55 years of combined experience, our attorneys are here to help.
You don’t have to face this alone. From our offices in Lexington and Mauldin, we represent injured individuals and grieving families throughout South Carolina. Your consultation is free, and we’re ready to listen.
Frequently Asked Questions About Negligent Security
Can I sue an apartment complex after a shooting?
Possibly. If a shooting at an apartment complex was foreseeable, for example, because of prior violent crime, and the property lacked reasonable security, such as working gates, lighting, or cameras, the owner or management company may share liability. Every case turns on its specific facts, so it’s worth having an attorney review yours.
What compensation can I recover in a negligent security lawsuit?
Depending on your case, you can recover compensation for medical bills, lost wages, future care, and pain and suffering. In a wrongful death case, surviving family members may recover certain losses. We can explain what may apply to your situation.
How much does it cost to talk to a lawyer?
Your consultation with Smith & Jones Law is free. It costs you nothing to have our attorneys review what happened and tell you whether you may have a claim.
What if I were partly at fault?
You can still recover as long as you were no more than 50% at fault, under South Carolina’s modified comparative negligence rule. Your percentage of fault would reduce your compensation, even if you are not more than 50% at fault. Insurance companies often try to shift blame, which is one reason having an attorney matters.
Contact Smith & Jones Law today. Call 803-784-0730 for a free consultation with our Lexington or Mauldin offices.