Each year, thousands of people are injured by hazards on property, including holes in the ground or loose carpeting. But criminal activity is also a hazard, and property owners in South Carolina must take reasonable measures to protect visitors from foreseeable mischief.
This is a tough legal claim to make, however, and many property owners will reject out of hand any suggestion that they are to blame for a criminal hurting you. A Spartanburg personal injury lawyer can help document the security measures at the time of your injury and analyze whether these measures were adequate based on the law. Call McCravy, Newlon, Sturkie & Clardy to schedule your free consultation.
What is Negligent Security?
Property owners owe certain duties to visitors, one of which is to protect them from criminal activity. A property owner must employ reasonable security measures based on the history of crime in the area.
There are no bright-line rules. For example, a property owner does not guarantee that you will not be hurt. They do not have to spend millions to prevent crime in a safe neighborhood. Nonetheless, property owners must employ some of the following safety features:
- Sufficient lighting in stairwells and parking lots
- Locks on doors and windows
- Properly trained staff who know how to respond to suspicious activity or an emergency
- Security cameras
- Intercoms at the doors
- Locked gates
An apartment building might need intercoms, chains on doors, and a patrolling security guard to reasonably protect people living in the building. Other establishments might need less security, depending on the history of crime or likelihood of criminal activity.
Negligent Security Injuries
Anyone can suffer major injuries during an assault or robbery:
- Abrasions
- Lacerations
- Knife wounds
- Bullet wounds
- Sexual assault injuries
- Post-traumatic stress disorder
- Depression or anxiety
These injuries require medical treatment, time off from work, and possibly mental health counseling. Surviving a crime is a difficult experience. Our team can request compensation in a negligent security lawsuit for:
- Medical treatment for your condition
- Rehabilitation and physical therapy to help recover from disabling injuries
- Lost wages and benefits
- Pain and suffering damages
- Mental distress damages
- Any property stolen or damaged in the attack
Emotional Fallout from a Criminal Attack
Any bodily injury can lead to depression, irritability, and a diminished enjoyment of life. But survivors of criminal attacks often struggle with powerfully negative emotions. They might even avoid the area where they were attacked, which can put strain on their families.
According to the FBI, crime victims can experience a range of physical symptoms, including chills, tremors, night sweats, headaches, and loss of appetite. They might also suffer from mental impairments, such as confusion, memory loss, difficulty concentrating, and slowed thinking.
Many crime victims are struggling to stay productive at work, and their stress is putting strain on their families. The injuries a crime victim suffers are mental and emotional as much as they are physical. Our lawyers understand this, and we can request pain and suffering compensation as damages.
Bringing Negligent Security Lawsuits
Victims have options when it comes to compensation to cover their economic losses (like medical care), as well as pain and suffering.
One option is to sue your assailant. The person who attacked you committed an intentional tort, and they should be forced to pay compensation to the victim. However, there are practical limitations when it comes to suing an attacker.
For example, they might not be caught. Someone could sneak into a hotel room and stab a person, only to escape before the police arrive. Furthermore, an attacker might not have any resources to pay a settlement or jury verdict against them. You cannot wring money out of someone bankrupt.
For these reasons, a negligent security claim is often critical. Businesses like hotels, motels, apartment complexes, schools, and hospitals should all have liability policies to cover accidents and injuries on their property. Any victim can seek compensation by submitting a claim.
How Property Owners Defend Themselves
We have seen some common defenses over the years, including:
- Alleging the victim is to blame for inviting a criminal into an apartment or failing to lock their door or windows.
- Arguing that criminal activity in an area is low, often using outdated or partial criminal statistics.
- Modifying the property after the crime by, for example, installing security cameras that were not there the day of the attack.
- Claiming a victim assumed the risk of criminal activity by voluntarily entering the property.
- Arguing that the security was reasonable under the law.
Businesses usually have big insurance companies and law firms defending them. You should hire your own legal team to represent your point of view and argue why you deserve compensation.
Can You Bring a Negligent Security Lawsuit?
Our legal team will investigate to determine whether you can sue for negligent security. Some considerations include:
- The history of crime or the likelihood of criminal activity in the area. If the neighborhood is completely safe, then fewer security measures are necessary.
- The security in place on the property when you were attacked. Were there security cameras, or did the owner install them later, after you were attacked?
- How the property owner or its agents responded to suspicions of criminal activity. They cannot ignore it, but should respond by investigating or calling the police.
- Proof of injuries, including PTSD or mental health challenges. A victim always needs to prove their damages.
- The defendant’s financial resources, including insurance policies.
- The state of negligent security law in South Carolina.
An attorney with our firm can look at the facts and compare them to other negligent security cases.
If we think your case has merit, we can then talk about possible compensation.
Call Our Office to Speak with a Compassionate Lawyer
McCravy, Newlon, Sturkie & Clardy has a thriving personal injury practice, including representing victims of negligent security. If you have questions, call our office and set up your consultation with a team member. We have obtained millions in favorable settlements for clients over the past 30 years.