A shooting at an Exxon gas station in North Charleston left one person injured on Wednesday, January 22, 2025, according to a recent news article.
According to sources, North Charleston Police Department officers responded to reports of gunfire shortly before 7 p.m. at the gas station located in the 2300 block of Ashley Phosphate Road.
Officers found a male victim suffering from gunshot wounds when they arrived at the scene. Emergency responders transported the wounded individual to a local hospital for treatment. The victim's current condition has not been released.
As of last week, no arrests had been made in connection with the incident. The North Charleston Police Department has not released any further information about potential suspects or motives.
Common Security Issues at Gas Stations in South Carolina
Gas stations must implement reasonable security measures to protect customers in the face of foreseeable violent crime. Common security failures that can lead to customer injuries and negligent security lawsuits include:
- Inadequate lighting in parking areas and at pump stations
- Missing or non-functioning security cameras
- Insufficient staff training on security protocols
- Minimal or no security personnel during high-risk hours or in high-crime areas
- Poor visibility from the store to pumping areas
- Lack of panic buttons or emergency response systems
- History of criminal activity without increased security measures
- Overgrown landscaping creating hidden areas
- Broken or inadequate fencing
- Lack of security policies and procedures
Elements of Negligent Security Claims in South Carolina
Under South Carolina law, property owners and businesses have a duty to provide reasonable security measures to protect customers from foreseeable criminal acts. To establish a negligent security claim, a plaintiff must prove several key elements:
- The property owner owed a duty of care to the victim
- The owner knew or should have known about the risk of criminal activity
- The owner failed to implement reasonable security measures
- This failure directly led to the victim's injuries
- The victim suffered actual damages as a result
Prior criminal activity in the area, police reports, and security incident records can be crucial evidence in establishing the foreseeability of criminal acts. Ultimately, the question is whether the property owner knew or should have known about the potential for violent criminal attacks on the property. The more foreseeable the crime, the more security measures the owner should implement on the property.
Civil Claims vs. Criminal Prosecution
While the criminal justice system focuses on prosecuting the assailant through the state's attorneys, a negligent security claim provides victims with a separate civil remedy against property owners or businesses that failed to provide adequate security measures. These civil claims can help victims recover compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the incident.
Unlike criminal cases, which require proof beyond a reasonable doubt, civil negligent security claims are decided based on a preponderance of the evidence standard, which essentially means "more likely than not." This is a much lower burden of proof than beyond a reasonable doubt. In addition to the different burden of proof, the criminal system punishes by taking away the criminal’s freedoms, whereas the civil system seeks to make a victim whole through awarding money damages to the victim for the damages caused by a defendant’s negligence. In other words, the criminal system punishes by taking a away freedoms, and the civil system punishes by forcing negligent parties to pay injured people or the family of people who have been killed.
Call a South Carolina Negligent Security Lawyer
If you or a loved one has been injured due to inadequate security at a South Carolina business, you need experienced legal representation. Our team of negligent security lawyers is here to help you seek justice and compensation for your injuries. We understand the complex nature of these cases and have a proven track record of holding negligent property owners accountable. Our firm handles negligent security cases across multiple states, including South Carolina, and we can help you understand your legal rights.
Additionally, we work on a contingency fee basis, which means:
- You pay nothing upfront
- We only get paid if we win your case
- No attorney fees unless and until we recover compensation for you
- Free initial consultation to discuss your case
Don't wait to get the legal help you deserve. Call us today at (321) LAWSUIT for a free, confidential consultation about your potential negligent security case. We will help you however we can.