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South Carolina Physical Assault Lawyer
Fighting for victims of negligent security who were injured on someone else’s property
Physical assault in the context of negligent security refers to situations where a person is physically attacked or assaulted due to the property owner's failure to provide adequate security measures. In cases like these, as the injured party, you may argue that the property owner's negligence in providing reasonable security contributed to or allowed the assault to occur.
At McGowan, Hood, Felder & Phillips, LLC, our South Carolina negligent security attorneys have the resources and the know-how to hold property owners accountable. Our experience has allowed us to secure millions in personal injury settlements and jury verdicts for our clients. We hold property and premises owners responsible when they fail to protect their customers, clients, and guests.
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What is negligent security?
Negligent security is a type of premises liability that arises when a property owner or manager fails to provide adequate security measures to protect visitors from foreseeable harm. This can include crimes such as assault, robbery, or sexual assault.
To establish a claim for negligent security, the victim must prove that:
- The property owner or manager had a duty to provide security measures.
- The property owner or manager breached that duty by failing to take reasonable security measures.
- The victim was injured as a result of the breach of duty.
- The victim's injuries were foreseeable.
The type of security measures that are considered reasonable will vary depending on the specific property and the circumstances. However, some common examples of negligent security include:
- Lack of security guards or other staff
- Inadequate lighting
- Broken locks or security systems
- Poorly maintained fences or gates
- Failure to remove known hazards
If you have been injured because of negligent security, you may be able to file a lawsuit against the property owner or manager. Our experienced South Carolina personal injury lawyers can help you determine whether you have a case and can represent you in court.
What is physical assault?
Physical assault is the act of intentionally causing or attempting to cause physical harm to another person. It can include a wide range of behaviors, such as punching, kicking, shoving, slapping, biting, choking, or using a weapon. Physical assault can also include threats of physical harm if the victim reasonably believes that the threat is real.
If you have been the victim of physical assault, it is important to seek medical attention immediately. You should also report the assault to the police. The police will investigate the assault and, if they believe that a crime has been committed, they will file charges against the offender.
After a physical assault, you may be eligible for compensation for your injuries. You can file a civil lawsuit against the offender to seek damages for your medical expenses, lost wages, pain and suffering, and other losses. You should speak to our South Carolina attorney to discuss your legal options.
Here are some examples of physical assault:
- Punching someone in the face
- Kicking someone in the stomach
- Shoving someone to the ground
- Throwing an object at someone
- Strangling someone
- Threatening to punch someone
- Threatening to kick
- Threatening to shove someone
- Threatening to throw an object at someone
- Threatening to strangle someone
How does negligent security lead to physical assaults?
Physical assault can be caused by negligent security in several ways. For example, if a property owner or manager fails to provide adequate lighting, this could make it easier for an attacker to conceal their identity and approach a victim without being seen. Similarly, if a property owner or manager fails to have security guards or other staff patrolling the property, this could create an opportunity for an attacker to commit a crime without being interrupted.
In addition, negligent security can also contribute to physical assault by creating a sense of vulnerability among visitors. If a property is known to be poorly lit or to have a history of crime, this could make visitors feel less safe and more likely to be targeted by an attacker.
Here are some specific examples of how negligent security can cause physical assault:
- A bar that does not have adequate lighting in its parking lot may be more likely to be the scene of an assault.
- A hotel that does not have a working security system may be more likely to be the target of a robbery.
- A college campus that does not have enough security guards to patrol the campus at night may be more likely to be the scene of a sexual assault.
If you have been the victim of physical assault on someone else's property, you may be able to file a lawsuit against the property owner or manager for negligent security. Our experienced personal injury lawyers can help you determine whether you have a case and can represent you in court.
Who is liable for my South Carolina assault?
The liability for negligent security typically rests with the property owner, occupier, or manager. However, the specific parties that may be held liable can vary depending on the circumstances. Here are some common examples:
- Property owners. In most cases, the primary responsibility for providing adequate security measures falls on the property owner. Whether it's a business, retail establishment, residential property, or public premises, the owner has a duty of care to ensure the safety of individuals on their property.
- Property managers or tenants. If the property is managed by a separate entity or there is a tenant in control of the premises, they may also share responsibility for providing adequate security measures. If they have assumed responsibility for security through a lease agreement or management contract, they may be held liable for negligent security.
- Security companies. In some cases, a property owner or occupier may contract with a security company to provide security services. If the security company fails to perform its duties properly or breaches its contract, it may be held liable for negligent security.
- Third parties. In certain situations, third parties may be held liable for negligent security. For example, if the property owner knew about a specific security risk but failed to warn visitors or take appropriate actions, they could be held liable. Similarly, if a property owner contracts with a security company that provides inadequate services, both the security company and the property owner may share liability.
It's important to note that liability for negligent security cases can be complex, and the specific circumstances of each case will determine who may be held liable. Consulting with our South Carolina personal injury attorneys can help you understand applicable laws and determine the parties that may be held responsible.
Do you have a physical assault attorney near me?
McGowan, Hood, Felder & Phillips, LLC is located at 1539 Health Care Drive in Rock Hill, SC. If you are too ill or injured to visit us, we can see you in the hospital or meet via telephone or video conference.
We also maintain offices in or near Charleston, Columbia, Myrtle Beach, and Greenville, and serve clients throughout the State of South Carolina in all 46 counties, including Sumter, Anderson, Orangeburg, Hilton Head, Aiken, and Spartanburg.
Experienced South Carolina physical assault attorneys
If you have suffered a physical or sexual assault due to negligent security, we want to hear from you. At McGowan, Hood, Felder & Phillips, LLC, we have the experience you need when others fail to secure their property to prevent criminal attacks. We understand even the most complex cases throughout the state. To schedule a free case evaluation, call our offices at 803-327-7800 or fill out our contact form. McGowan, Hood, Felder & Phillips, LLC, proudly serves people throughout South Carolina.