Negligent Security Claims in South Carolina: When a Business Is Liable for an Attack on Its Property
When someone is assaulted, robbed, or otherwise attacked on business property, the business may share liability under South Carolina's negligent security doctrine — if prior criminal incidents put the owner on notice that the premises were dangerous and they failed to take reasonable precautions.
Personal injury law generally holds that property owners owe their invitees a duty of reasonable care. In most cases, this means maintaining the physical condition of the property — fixing broken steps, cleaning wet floors, repairing defective lighting. But in certain circumstances, South Carolina law extends this duty to encompass the criminal conduct of third parties — specifically, when prior incidents made the risk of attack on the premises reasonably foreseeable.
The Foreseeability Standard: Shipes v. Piggly Wiggly
In Shipes v. Piggly Wiggly, the South Carolina Supreme Court addressed when a business can be held liable for a criminal attack on its premises by a third party. The central question is foreseeability: was the criminal incident a foreseeable consequence of the business's failure to provide adequate security? Foreseeability is typically established through evidence of:
- Prior similar criminal incidents on the property
- Prior criminal incidents in the immediate surrounding area
- Complaints made to the business about security concerns before the incident
- The type of business and the clientele it serves (businesses that operate late at night, serve alcohol, or attract high-traffic create different risk profiles than daytime retail)
A business that has experienced multiple robberies in its parking lot and failed to install adequate lighting, deploy security personnel, or implement other reasonable precautions has arguably made a foreseen attack more likely. That failure to act — not the criminal's decision to attack — is the negligent act that supports the claim.
Reasonable Security Measures
What constitutes reasonable security depends on the nature of the business, its location, and the history of prior incidents. Courts have found the following measures relevant to whether security was adequate:
- Adequate exterior and parking lot lighting
- Functioning surveillance cameras covering key areas
- Security guards or off-duty law enforcement during high-risk hours
- Controlled access points to prevent unauthorized entry
- Prompt reporting of incidents to law enforcement and maintenance of records
- Security training for staff
Charleston-Area Applications
Negligent security claims arise regularly in the Charleston area from incidents at hotel parking lots, apartment complexes, nightclubs, shopping center parking garages, and convenience stores. The Holy City's tourism industry and entertainment district create environments where the risk of assault is elevated — and where businesses with knowledge of prior incidents face real exposure when they fail to take reasonable precautions.
Why These Cases Are Different
Negligent security cases are more complex than standard slip-and-fall claims. They require investigation into the prior incident history of the property, analysis of what security measures were in place and why they were inadequate, and often the retention of a security consultant expert who can opine on what a reasonable business in that location should have done. The criminal responsible for the attack is also a defendant, though typically judgment-proof — the business's liability insurer is where meaningful recovery lies.
How Traywick Law Helps
Our office handles negligent security claims throughout the Charleston area. Visit the Traywick Legal Blog for more analysis.
Talk to a Charleston Attorney
If you have questions about how this issue affects your situation in Charleston, Mount Pleasant, or anywhere in the Lowcountry, contact Traywick Law Offices for a free consultation. Call (843) 343-5092.
Disclaimer: This article is provided for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different — please consult an attorney about your specific situation.
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David Traywick offers free consultations for personal injury and consumer law matters in Charleston, SC.