Close Menu
Personal Injury Lawyers That Truly Care click here How much is my case worth?
Columbia Personal Injury Attorney > Blog > Personal Injury > Can I Get Money For An Assault?

Can I Get Money For An Assault?

QuestionCloud

We have heard this question much more frequently in recent years, since South Carolina’s violent crime rate has increased so much in such a short period of time. For example, the murder rate, which had declined recently, hit a thirty-year high in 2021. Criminal courts punish these offenders. However, in most cases, criminal courts do nothing to compensate the victims of these crimes.

For that compensation, a victim must turn to a Columbia personal injury lawyer. As outlined below, property owners and businesses have a duty of care to keep their guests safe, at least in most cases. If owners violate this duty and cause injury, they are liable for damages. These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Duty of Care

All injury claims, including negligent security claims, begin with a legal responsibility, or a duty of care. South Carolina courts determine the owner’s duty of care by looking at the relationship between the owner and victim, as follows:

  • Trespasser: If the victim didn’t have permission to be on the property and the victim’s presence didn’t benefit the owner in any way, the owner usually had no duty to provide adequate security. After-hours skateboarders at high schools are usually trespassers.
  • Licensee: A slightly higher duty of care applies if the victim had permission to be on the property, but the owner didn’t benefit. A guest of a hotel guest is a licensee. In these situations, owners must post signs or otherwise warn licensees about latent (hidden) injury hazards.
  • Invitee: A much higher duty of care applies if the victim had express or implied permission to visit, and the visit benefited the owner in any way. This duty is usually a duty of reasonable care. Owners must remedy hazards, and not just identify them.

An inadequate level of security breaches an owner’s duty of care. For example, many business owners use “courtesy patrols” instead of hiring more aggressive security guards. That approach might make the property more welcoming, but it might not fulfill an owner’s duty of care.

Knowledge of Hazard

More commonly, a Columbia personal injury attorney must prove the owner knew, or should have known, about a defective security issue. These issues include broken cameras, burned-out lights, and malfunctioning gates.

Such inadequate security empowers evildoers. It’s easier to assault someone if a parking lot is unusually dark or a security camera is broken. That’s why owners are responsible for damages in these situations.

The evidence of knowledge could be direct, like a security report, or circumstantial, like a long-term issue the owner doesn’t address.

Foreseeability of Injury

Legal causation may be the least important issue in most injury claims. However, it’s often the most important issue in a negligent security claim.

Owners are only responsible for possible, or foreseeable, negligent security injuries. Evidence of foreseeability includes prior similar incidents at that location, the area’s overall crime rate, and prior similar incidents in the neighborhood.

Victim/plaintiffs must prove foreseeability, and every other element of a negligence case, by a preponderance of the evidence (more likely than not).

Contact a Hard-Working Richland County Lawyer

Injury victims are entitled to significant compensation. For a free consultation with an experienced personal injury lawyer in Columbia, contact the Marc Brown Law Firm. Virtual, home, and hospital visits are available.

Source:

wltx.com/article/news/crime/sled-releases-2021-crime-rate-statistics-in-southcarolina-annual-report/101-02e3f961-308c-4f64-a0f1-705004e2e654

Facebook Twitter LinkedIn

Practice Areas

Car Accidents

When a car accident happens, your life may be turned upside down in a matter of seconds. Let us help to restore your life.

learn more

Trucking Accidents

Attorney Marc Brown is a knowledgeable truck accident lawyer. We can help you when you need it most.

learn more

Wrongful Death

Experiencing the death of a loved one is a difficult and emotional time. It can also be financially devastating. Let us help!

learn more

Slip & Fall

Marc Brown is an experienced slip and fall attorney that serves the entire states of South Carolina and Georgia.

learn more

Dog Bites

If you need legal help with a dog bite injury, reach out to a South Carolina dog bite lawyer at the Marc Brown Law Firm.

learn more

Crime Victims

In cases of shootings and other crimes, victims can seek financial compensation by filing a civil claim for damages.

learn more
click here view all practice areas

awards & memberships

Marc Brown

Marc Brown Law Firm

Meet Attorney Marc Brown

Marc Brown is an experienced personal injury and civil rights attorney serving clients throughout South Carolina and Georgia. Marc is motivated by the challenge of helping his clients solve their complex legal issues, and most importantly, he obtains favorable results. He is a caring and conscientious attorney who brings the experience and resources of a larger firm to his practices in Sumter and Columbia, SC.

A Personable & Dedicated South Carolina Attorney

As someone who has always had a keen sense of right and wrong and a desire to achieve excellence and fairness in all things, pursuing law was a natural career choice. After graduating with honors from the prestigious Emory University School of Law, Marc went on to become a dedicated litigator who focuses on personal injury, workers’ compensation, and criminal defense cases.

Why Choose Us?

Choosing an attorney is a very important decision, but it can be difficult. When you choose the Marc Brown Law Firm, we do everything we can to keep you informed, put your needs first, and to make sure justice is served. Here are just a few reasons to choose us:

The Right Experience

Attorney Marc Brown has experience that matters. Prior to opening this law firm, Marc spent nearly a half a decade defending big insurance companies and large corporations in personal injury and commercial litigation matters across the United States. Marc knows exactly how insurance companies and corporations evaluate claims and what they look at when deciding to increase the amount they are willing to pay. He thinks outside the box to find additional or hidden opportunities for favorable results.

We’ll Come To You

After being injured in a serious accident, you need to focus on getting better. Serious accidents can be hard on an individual, physically and emotionally. The Marc Brown Law Firm is dedicated to fight for you while you recover. If you are unable to travel to our office for any reason, we will personally visit you! Just give us a call to talk whenever you may be in need of assistance. We’re here to help.

Clients First

At the Marc Brown Law Firm, we choose to put our clients first. Our clients are more than just a case number. We think of each of our clients as extended members of the family. We make sure to inform our clients of all their legal options and provide timely updates throughout the life their case.

24/7 Availability

We are available around the clock for our clients. If at any point we are unavailable, we promise to promptly respond to all messages within hours.

Dedicated

We work hard so that our clients receive the justice they deserve! When necessary, Attorney Marc Brown retains investigators, engineers, and other experts to help prove your case. Insurance companies are big, but Marc is experienced and resourceful. We fight for each of our clients so that you can receive the maximum compensation available to you.

No Fees Unless We Win*

We work on a contingency fee basis, which means there are no upfront cost to clients. You only pay lawyer fees when we win your case. This also means that your attorney is only paid a percentage of what is recovered for you. The Marc Brown Law Firm has a vested interest in ensuring that each of our clients receive the maximum recovery available to them. We are determined to fight tirelessly to recover for you.

Marc Brown and The National Trial Lawyers Top 40 Under 40 award