In South Carolina, property owners have a duty of care to take reasonable steps to protect others from injuries resulting from the negligence of property owners. If you are injured at a business or property that is responsible for keeping you safe, and it is established that a security deficiency enabled the unsafe conditions that harmed you, you may be able to file a lawsuit for negligent security.
A South Carolina premises liability attorney can work with you to hold the property owners accountable for failing to uphold their obligations. Property owners have a duty to protect their visitors. Business owners should make sure their premises are properly lit and hire security guards when crimes are a reasonable concern.
The South Carolina negligent security lawyers at Jebaily Law Firm have extensive experience demonstrating that the property owner could have done more to protect victims’ safety. Over the last half-century, our firm has secured millions in compensation for people harmed by others’ negligent actions.
Our skilled and compassionate personal injury attorneys are ready to help you if you have been the victim of negligent security in South Carolina. Call us now to schedule a free, no-obligation consultation so that we can discuss your legal options and put you on the path to recovery.
What Is Negligent Security?
Negligent security cases deal with crimes committed as a result of inadequate security measures on a property. South Carolina business owners could be liable if they do not provide adequate security for their premises and that failure results in an injury, assault, or death.
Businesses have a duty under South Carolina law to keep their visitors and customers safe. Providing adequate security is a way to prevent foreseeable risks and dangers, such as assault and robbery.
Negligent security cases can arise from incidents that take place on a wide variety of properties, including:
- Apartment complexes
- Hotels, motels, and condominiums
- Night clubs
- Parking lots
- Parking garages
- Swimming Pools
- Big box stores
- Schools and colleges
- Daycare centers
- Convenience stores and gas stations
- Shopping centers and malls
- ATM machines
- Sports stadiums and arenas
- Special events
- Public parks
- Amusement parks
Common examples of negligent security include:
- Lack of security policies and protocols
- Improperly maintained security systems
- Improperly trained security staff
- Inexperienced security staff
- Inadequate security cameras
- Failure to conduct background screenings on employees who then commit a crime
- Inadequate lighting in parking lots and common areas
- Lack of locks, fences, and other barriers for security purposes
- Blocked emergency exits
- Windows that cannot be locked
- Lack of procedures to limit guest access
- Club shootings
- Stabbings on trains, buses, or other public transportation methods
- Attacks in parking garages
- Sexual assaults in apartment complexes and condominiums
- Injuries suffered at shopping malls, concerts, and sporting events
- Allowing loitering
Can I Get Compensation for an Injury Caused by Negligent Security?
Yes. If you have been seriously injured in an incident that resulted from negligent security, you could be entitled to compensation that covers all of your expenses. It’s important to note that insurance companies are more concerned with maximizing their profits than they are with taking care of your health and well-being. Insurance adjusters often try to offer the lowest settlement possible to resolve negligent security claims.
If an insurance company contacts you, you should avoid saying anything to them before first consulting an experienced South Carolina premises liability attorney. More often than not, insurance companies will try to trick victims into making statements that could diminish their claims. While victims may be offered a settlement to resolve their negligent security case, the odds are this initial offer is nowhere near what they are actually entitled to receive.
In order to establish your right to compensation, you must prove certain elements, including:
- The property owner owed a duty to you. Your lawyer will examine different types of authorities to establish the duty that the property owner owed to you. For example, certain laws and regulations can establish a duty.
- The owner breached that duty. You must demonstrate that the owner failed to live up to the duty owed to you. For example, the owner may have failed to hire a security guard to patrol the premises or to install a security system.
- The breach caused you to suffer an injury. If you can prove that the owner of the property had a duty and breached it, you must still show that the breach led to your injuries.
To calculate the damages in your case, the experienced lawyers at Jebaily Law Firm will thoroughly examine all of the relevant evidence. We may consult with experts as well in order to build the strongest case possible. Our South Carolina negligent security lawyers will fight tirelessly to obtain the full and fair compensation you deserve and help you move past this traumatic experience.
Economic damages are expenses that can be readily calculated and proven, such as medical expenses and lost wages. Non-economic damages are more subjective and more difficult to quantify. Common types of non-economic damages include pain and suffering and emotional distress.
Examples of the types of compensation you could recover in a South Carolina negligent security case include:
- Medical expenses (past, present, and future)
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Mental anguish
- Wrongful death damages (if your family member died)
The highly skilled and experienced attorneys at Jebaily Law Firm will explore all available sources of compensation, including insurance policies and other assets, and we will pursue maximum compensation for you through a settlement. However, if necessary, our lawyers will be ready to take your case to trial.
Negligent Security and Premises Liability
Premises liability is essentially the legal concept that a property owner can be held liable for injuries suffered by others when those injuries happen on that owner’s property. Premises liability cases can arise in a wide variety of contexts, including slips, trips, and falls at stores and incidents suffered in a parking garage.
According to South Carolina law, a property owner has a duty to maintain their premises in a reasonably safe condition. Property owners can be held liable for injuries of another person if the injuries were caused by a hazardous condition on the property, and when that hazardous condition was created by the owner or left unaddressed.
The following are the three statuses available to property visitors in South Carolina:
- Invitee – A property owner owes the highest duty of care to a person who was invited to the property.
- Licensee – A property owner owes a lesser duty to those individuals who were licensed to enter the property for business or personal reasons.
- Trespasser – Minimal duty of care is owed to a trespasser who entered the property illegally or without invitation.
Similar to premises liability, negligent security relies on the notion that property owners were aware of a risk and failed to take reasonable measures to address the risk or warn guests of it. Thus, negligent security is a type of negligence case.
Most premises liability cases tend to involve accidents such as slips, trips, and falls, whereas negligent security cases arise from a violent crime (for example, assault, rape, robbery, murder) occurring on a property when it could have been prevented with proper security measures.
Types of Injuries Caused by Negligent Security
Criminals sometimes exploit a lack of security personnel or cameras, inadequate lighting, and other unsafe conditions to take advantage of their victims, committing vicious acts, such as assault, battery, robbery, or rape.
Jebaily Law Firm will work hard to prove that the criminal act you suffered was foreseeable and could have been prevented by security measures. We handle South Carolina negligent security cases involving a wide variety of injuries, including:
- Broken bones
- Soft-tissue injuries
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Physical impairment
- Physical pain and suffering
- Mental anguish
Contact a Negligent Security Lawyer for Help
Did you suffer serious injuries because of negligent security on a property in South Carolina? If so, our heart goes out to you during this incredibly difficult and challenging time. While nothing can undo what happened to you, it’s important to know that you could be entitled to significant compensation that can aid your recovery.
The South Carolina negligent security attorneys of Jebaily Law Firm can launch an independent and thorough investigation of the incident, and preserve important evidence, as we seek compensation from responsible parties on your behalf.
Call us today to schedule a free and confidential consultation so we can discuss your legal options.