On September 18, 2024, a devastating shooting occurred at the Liberty Street Apartments in Johnsonville, Florence County, South Carolina. The incident resulted in the death of 14-year-old Jakari Doctor and left a woman in her 20s wounded. The shooting took place shortly after midnight, with the victims being found on nearby Deerfield Road. Florence County Sheriff's Office later determined that the shooting had occurred at the apartment complex.
Jakari Doctor, a student in the Florence 5 School District, succumbed to his injuries at an area hospital. As of September 19, 2024, one suspect was arrested and charged with murder, attempted murder, and criminal conspiracy. Another suspect was still being sought by authorities.
Understanding Negligent Security in Apartment Complexes
Negligent security is a subset of premises liability law. It holds property owners responsible for injuries or deaths resulting from violent criminal acts on their property when they fail to provide reasonable security measures.
In the context of apartment complexes, negligent security cases arise when a resident, visitor, or passerby becomes a victim of a crime that could have been prevented with proper security measures. This legal concept recognizes that property owners have a duty to create a reasonably safe environment for those who live in or visit their premises.
Key Aspects of Negligent Security in Apartment Complexes
When examining negligent security cases in apartment complexes, several key aspects come into play. These factors help determine whether a property owner may be held liable for criminal acts that occur on their premises. Understanding these elements is crucial for both property owners and residents, as they form the foundation of negligent security claims.
Duty of Care
Apartment complex owners and managers have a legal obligation to provide a safe living environment. This duty extends to taking reasonable steps to prevent foreseeable criminal activities.
Reasonable Security Measures
What constitutes "reasonable" security can vary depending on factors such as the location of the complex, its size, and the history of criminal activity in the area. Common measures include adequate lighting, functional locks, security cameras, and in some cases, on-site security personnel.
Foreseeability of Crime
A crucial element in negligent security cases is whether the criminal act was foreseeable. If there's a history of similar crimes in the area or on the property, courts may find that the property owner should have anticipated and taken steps to prevent such incidents.
Balancing Act
In South Carolina, courts often consider the balance between the cost and burden of implementing security measures against the probability and severity of potential harm to residents and visitors.
Third-Party Criminal Acts
While the criminal is primarily responsible for their actions, negligent security law recognizes that property owners can play a role in preventing such acts through proper security measures. Namely, properties with inadequate security tend to attract criminal activity, and thus property owners can be held liable for creating an environment that attracts violent crime and results in injury or death.
Adequate Security Measures for Apartment Complexes
Apartment complexes can implement various security measures to protect residents and visitors:
- Proper lighting in common areas and parking lots
- Functioning locks on doors and windows
- Security cameras and surveillance systems
- Controlled access systems (i.e., entry and exit gates)
- Security personnel or patrols
- Regular security assessments and upgrades
Liability and Compensation in Negligent Security Cases
If an apartment complex is found negligent in providing adequate security, victims or their families may be entitled to compensation for:
- Medical expenses
- Pain and suffering
- Lost wages or earning capacity
- Funeral expenses (in cases of wrongful death)
- Emotional distress
Contact a Negligent Security Lawyer for a Free Consultation 📞
If you or a loved one has been a victim of a violent crime at an apartment complex or any other property, it's crucial to understand your legal rights. An experienced negligent security attorney from our law office can help evaluate your case and guide you through the legal process.
Contact one of our negligent security lawyers at 321-LAWSUIT for a free consultation to discuss your situation and explore your options for seeking justice and compensation. Our law firm operates on a contingency fee basis, which means we don’t charge any upfront fees, and we only get paid if we recover money for you.
