No one expects to become a victim of gun violence. However, it is always possible to find yourself in the wrong place at the wrong time. If you were on someone else’s property and were shot by the property owner or a third party, you may wonder about your legal rights and options.
Can you sue someone for being shot on their property in South Carolina? A property owner’s liability will depend on the circumstances surrounding the shooting. A gunshot injury attorney from Jebaily Law Firm can assess your potential right to hold a property owner liable for the losses you’ve experienced after getting shot on their property.
Contact us now for a free consultation to discuss your legal options after a shooting on someone else’s property in South Carolina.
Who Can I Sue for Injuries or Death Caused by a Shooting?
When you sustain a gunshot wound on someone else’s property in South Carolina, you may have claims against various parties, depending on the circumstances of the shooting. Some examples of parties you might sue in a personal injury or wrongful death case arising from a shooting include:
- The property owner
- The business where the shooting occurred
- The owner or landlord of an apartment complex or rental home
- The security company for the property
- The individual who shot you
Can a Property Owner Be Responsible for a Shooting in South Carolina?
A property owner, landlord, business, or other responsible party may bear liability for the injuries you suffered in a shooting on their property, regardless of whether they committed the shooting. For example, you might hold a property owner who intentionally, recklessly, or negligently shoots you on their property in an assault or negligence claim. However, if someone else shot you on another party’s property, such as in an apartment complex shooting, the property owner might bear liability for the shooting through a premises liability claim that alleges negligent security.
Factors That Determine Whether a Property Owner Is Liable
Depending on the circumstances of the shooting, various factors could influence whether a property owner or another party bears liability for your injuries.
When another person shoots you on someone else’s property, the property owner’s liability in a premises liability claim will depend on whether the owner implemented adequate security measures to prevent shootings, such as:
- Adequate lighting, locks, and security systems
- Security cameras and signs advising visitors of the presence of cameras
- Security guards who patrol the property and remove suspicious or disruptive individuals
- Metal detectors to prevent visitors from bringing weapons onto the property
- Emergency exits that allow people to quickly evacuate the property in case of a shooting or another violent incident
The reasonableness of security measures will depend on whether the property owner should have foreseen a risk of a shooting on their premises. The foreseeability of a shooting depends on factors such as:
- The property’s location, as owners with property in high-crime areas may need more stringent security measures
- The nature of the property, for example, bars and clubs may have a higher risk of violent incidents due to the presence of alcohol, while banks or electronics stores may face a greater threat of violent robberies
- Whether the property has previously experienced shootings or other violent incidents
Legal Grounds for Suing a Property Owner After a Shooting in South Carolina
After a shooting on someone else’s property, you may have the right to sue the property owner and other responsible parties in a premises liability claim that alleges the property suffered from negligent or inadequate security that allowed a third party to shoot you. You may also have legal grounds to sue a property owner who shoots you if they lacks a legal basis to act in self-defense or unreasonably use deadly force.
Potential Compensation in South Carolina Shooting Cases
In a personal injury claim, you may have the right to seek compensation for the harm you’ve suffered following a shooting on someone else’s property. Your financial recovery might include money for your:
- Ongoing and future medical costs
- Long-term care costs if the shooting results in disability
- Lost income and reduced future earning potential
- Physical pain and emotional distress or trauma
- Impaired quality of life due to disabilities interfering with daily life or prohibiting participating in activities you once enjoyed
When your family loses a loved one in a shooting, you may have the right to seek financial compensation for your loss in a wrongful death claim, which can provide financial relief for:
- Medical expenses incurred to treat your loved one’s fatal injuries
- Funeral and burial expenses
- Loss of your loved one’s financial support and benefits
- Loss of your loved one’s care, companionship, protection, and guidance
- Emotional pain and suffering your family experiences due to your loved one’s death
How Our Lawyers Can Help Shooting Victims in Personal Injury Cases
When you’ve suffered a shooting on someone else’s property, the experienced lawyers at Jebaily Law Firm can help you pursue financial recovery and accountability by:
- Thoroughly investigating the shooting to recover all available evidence, including police reports, surveillance footage, eyewitness testimony, photos and videos of the shooting scene, and security records
- Organizing the evidence and working with expert witnesses as necessary to develop a compelling argument for your financial recovery
- Explaining your legal options to you and advising you as you make decisions at each stage of the case
- Documenting your ongoing and future losses and expenses to ensure we pursue maximum compensation for you
- Vigorously pursuing financial relief and justice from a negligent person or property owner, including by taking your claims to court and trial if needed
Following a shooting on someone else’s property in South Carolina, you need experienced legal help to understand your rights and options and to pursue financial recovery. Contact Jebaily Law Firm today to set up a free, no-obligation consultation with a personal injury attorney to discuss how our firm can help you seek compensation in a premises liability claim.