When you visit a store, apartment complex, hotel, or event venue, you expect to be safe. Property owners and managers have a legal responsibility to protect guests from foreseeable dangers, including criminal acts. When they fail to do so, and someone is injured as a result, the victim may have a negligent security claim under South Carolina law.
This post explains what negligent security means, the types of incidents that can lead to a claim, how these cases are proven, and how a South Carolina personal injury lawyer can help you pursue justice. We’ll also connect this topic to key concepts like duty of care, negligence, and damages to give you a complete picture of your legal rights.
What Is Negligent Security?
Negligent security falls under the broader category of premises liability, which holds property owners responsible for keeping their premises safe. In simple terms, it means that a property owner failed to provide adequate safety measures to prevent criminal attacks or other foreseeable harm.
These cases are not about holding criminals accountable, they’re about holding negligent property owners responsible for not taking reasonable steps to prevent crimes or dangerous situations from happening.
Common locations for negligent security claims include:
- Apartment complexes or condominiums
- Parking garages and lots
- Shopping centers or retail stores
- Hotels, motels, and resorts
- Bars and nightclubs
- Schools, universities, and dorms
- Public event venues
Examples of Negligent Security
Every negligent security case is unique, but some common examples include:
- Lack of proper lighting in parking lots or stairwells
- Broken or missing locks, gates, or fences
- Inadequate or poorly trained security personnel
- Malfunctioning security cameras
- Failure to respond to previous criminal incidents on the property
If a property owner knows (or should have known) about ongoing risks but fails to act, they can be held liable when someone is attacked, assaulted, robbed, or otherwise harmed.
The Legal Duty of Care in Negligent Security Cases
South Carolina law requires property owners to exercise reasonable care in protecting lawful visitors from foreseeable harm. The exact level of duty depends on the type of property and the relationship between the owner and the visitor.
For example, a hotel has a higher duty of care toward paying guests than it does toward trespassers. Similarly, a shopping mall owner must ensure that common areas are reasonably safe for customers.
This concept of duty of care is central to all negligence cases, including those involving car accidents, slip and falls, and medical malpractice. You can learn more about how it applies in general personal injury claims by reading our article Understanding Negligence: How It Applies to Your Personal Injury Case.
Proving a Negligent Security Claim
To win a negligent security case, your attorney must establish four key elements:
- Duty: The property owner had a legal obligation to provide adequate security.
- Breach: The owner failed to meet that duty (for example, by not fixing a broken lock or hiring trained security staff).
- Causation: That failure directly led to your injury.
- Damages: You suffered physical, emotional, or financial harm as a result.
An experienced personal injury lawyer will collect evidence such as:
- Police and incident reports
- Security footage and photos
- Witness statements
- Property maintenance and inspection records
- Prior incident logs showing a pattern of danger
Common Injuries in Negligent Security Incidents
Negligent security can result in a wide range of injuries, depending on the type of attack or hazard involved. Common injuries include:
- Broken bones and fractures
- Head or brain trauma
- Stab or gunshot wounds
- Emotional trauma and post-traumatic stress disorder (PTSD)
- Internal bleeding or organ damage
- Wrongful death
Victims often face not just physical pain, but long-lasting psychological distress and financial hardship.
How Comparative Negligence Can Affect Your Case
South Carolina follows a modified comparative negligence law, meaning you can still recover compensation even if you were partially at fault, as long as you are less than 51% responsible.
For example, if a property owner claims you “should have known better” than to walk in a certain area at night, your attorney can counter by showing that proper lighting or security would have prevented the incident.
This rule applies across most personal injury cases. To understand it more fully, see our related post Understanding South Carolina’s Comparative Negligence Law.
Types of Compensation Available
Victims of negligent security may be entitled to several forms of compensation, including:
- Medical expenses and ongoing treatment
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Counseling or therapy costs
- Property damage (e.g., stolen belongings)
- Wrongful death damages for surviving family members
If the property owner’s inaction was particularly reckless, punitive damages may also be available to punish their behavior and prevent similar negligence in the future.
Why You Need a Negligent Security Lawyer
These cases are complex. Property owners and their insurers often deny responsibility or claim that the criminal act was “unforeseeable.” A knowledgeable South Carolina negligent security attorney can investigate the incident, gather evidence of prior warnings or complaints, and build a case proving that proper security could have prevented the attack.
Your lawyer can also negotiate directly with insurance companies, file a demand letter supported by evidence, and take your case to court if necessary. (For more about how demand letters work, see our article What Is a Demand Letter in a Personal Injury Case.)
Get Help from McWhirter, Bellinger & Associates
If you’ve been injured because of inadequate security on someone else’s property, you don’t have to face the aftermath alone. At McWhirter, Bellinger & Associates, we’ve helped countless South Carolinians recover compensation for injuries caused by negligent property owners.
Call 803-653-6449 today for a free consultation with an experienced South Carolina negligent security lawyer. We have offices conveniently located in Columbia, Lexington, Orangeburg, Camden, Sumter, Aiken, and Newberry.
Your safety should never depend on someone else’s shortcuts. If a property owner failed to protect you, we’re here to make sure they’re held accountable.
