What To Do After an Assault or Attack on Business Property in Louisiana

Being assaulted or attacked on business property in Lake Charles is a traumatic experience — and in the immediate aftermath, knowing what steps to take can feel impossible. But the actions you take (or fail to take) in the hours and days following the attack can significantly affect your ability to recover compensation from the property owner under Louisiana's inadequate security laws. This guide provides a clear, step-by-step framework for what to do after an assault or attack on private business property in Louisiana in 2026.

Step 1: Prioritize Your Safety and Get Medical Help Immediately

Your first priority after any assault or attack is your physical safety. If you are in immediate danger, move to a populated, well-lit area and call 911. Do not confront the attacker or attempt to detain anyone. Once you are safe, assess your injuries and seek medical attention — even if you believe your injuries are minor.

Emergency medical care serves two purposes: it protects your health, and it creates a contemporaneous medical record documenting your injuries at the time of the attack. This record becomes important evidence in any subsequent civil claim against the property owner. Physical injuries from assaults — including head injuries, stab wounds, broken bones, and lacerations — can be more serious than they initially appear. Adrenaline often masks pain in the immediate aftermath of a violent event.

Psychological injuries are equally real and equally compensable under Louisiana Civil Code Article 2315. Post-traumatic stress disorder, anxiety, depression, and sleep disturbances are recognized by Louisiana courts as legitimate damages flowing from violent criminal attacks. These conditions frequently do not manifest fully until days or weeks after the incident. If you develop any of these symptoms, document them with a mental health professional as early as possible and be explicit about connecting the treatment to the assault.

Step 2: Call the Police and File a Report

Contact the police immediately — either by calling 911 if you are still at the scene or by calling the non-emergency line of the Lake Charles Police Department or Calcasieu Parish Sheriff's Office as soon as you are safe. A police report is one of the most important documents in your inadequate security case. It establishes:

We explain how fault percentages and deadlines work after a Louisiana injury in our 2026 Tort Reform Survival Guide.

• The date, time, and precise location of the incident.
• The nature of the attack and the injuries you reported.
• The conditions at the scene, as observed by the responding officers.
• Witness names and contact information gathered by law enforcement.
• Any statements made by property management, security personnel, or bystanders.

When speaking with officers, describe the conditions you observed — the lighting level, whether security cameras were visible, whether gates or entry controls were functioning, and whether any security personnel were present. These observations can be referenced later in your civil case even if they are not specifically noted in the officer's report. Be factual and thorough, and ask for a copy of the incident report or the report number before you leave.

Do not assume that because the property owner's staff files their own internal incident report, the police record is unnecessary. An internal incident report is controlled by the property owner and can be altered, lost, or denied. A police report is a public record created by a neutral party and is much more difficult to dispute.

Step 3: Document the Scene and Security Conditions Before You Leave

If you are physically able to do so safely, document the conditions at the scene before leaving. This is the evidence that is most at risk of disappearing quickly — and it is often the most powerful evidence in establishing that the property owner failed in their security duty under Louisiana CC Art. 2317.

Use your phone to photograph and video record:

• The area where the attack occurred, including any broken lighting fixtures, burned-out bulbs, or light poles that are not illuminating.
• Any security cameras in the area — their location, angle, and whether any appear damaged or have indicator lights showing they are non-operational.
• Gates, fences, keypads, or door locks that are broken, propped open, or visibly non-functional.
• Any signage posted by the property, including security notices, warning signs, or disclaimers.
• Your visible injuries — before medical treatment alters their appearance.
• The overall layout of the area, showing the absence of security features that a reasonable property owner would have in place.

Take note of the exact time and use your phone's timestamp feature if available. The lighting conditions at night may look very different from how the property photographs during daylight hours — night-time documentation is particularly important for claims involving dark parking lots or poorly lit exterior areas.

Step 4: Collect Witness Information

Witnesses who observed the attack, the conditions at the property, or the presence or absence of security personnel are valuable to your claim. If other patrons, tenants, passersby, or bystanders witnessed the incident or were aware of the property's ongoing security problems, their accounts can corroborate your version of events and the foreseeability of the attack.

Ask any willing witnesses for their name and contact information — a phone number and email address at minimum. If witnesses are reluctant to provide their information, note their physical description and vehicle information and share it with law enforcement. Your attorney can later attempt to locate them through law enforcement records or subpoena power.

Also take note of whether any business employees, security guards, or management personnel were present — and what, if anything, they did or said in response to the incident. A manager's statement that "this happens all the time here" or a security guard's admission that the cameras have been broken for months are statements that can be critical to establishing notice and liability.

Step 5: Send a Written Preservation Demand for Security Footage

Security camera footage from the night of the attack is among the most powerful evidence in an inadequate security case — and it is also among the most time-sensitive. Most commercial camera systems overwrite footage on a rolling basis within 24 to 72 hours. Once footage is overwritten, it is typically gone permanently.

As soon as you are able — ideally the same day as the incident — send a written demand to the property owner, management company, or business operator instructing them to preserve all security footage from the date and time of the incident. Send this demand by email and follow up with a physical letter sent by certified mail with return receipt. Keep copies of everything.

If the property owner fails to preserve footage after receiving a preservation demand and that footage is later found to have been deleted or overwritten, a Louisiana court may impose evidentiary sanctions — including an instruction to the jury that the missing footage should be presumed to have been unfavorable to the property owner. This doctrine is known as spoliation of evidence and can significantly strengthen your position in litigation.

Step 6: Do Not Sign Anything or Give Recorded Statements Without Legal Counsel

In the days following the attack, you may be contacted by the property owner's insurance company, a representative from the business, or a property management company. These parties may ask you to sign an incident acknowledgment form, provide a recorded statement, or accept a quick settlement offer.

Do not sign any document or give any recorded statement without first consulting with a Louisiana personal injury attorney. These contacts are designed to gather information that minimizes the property owner's liability exposure — not to assist you. A recorded statement made while you are still in shock, before you understand the full extent of your injuries and your legal rights, can be used against you at trial to limit your recovery.

Under Louisiana's 2026 modified comparative fault rules (CC Art. 2323), any statement you make about your own role in the incident — even an offhand comment that you "should have been more careful" — can be used to increase your assigned fault percentage. If that percentage reaches 51%, you recover nothing, regardless of the property owner's negligence. Protect yourself by saying nothing substantive until you have legal representation.

Step 7: Consult a Louisiana Personal Injury Attorney

An attorney who handles inadequate security and premises liability cases in Louisiana can evaluate the specific facts of your situation, advise you on whether a viable claim exists against the property owner, and take immediate steps to preserve evidence — including issuing formal preservation demands, locating witnesses, and requesting crime history records from the Calcasieu Parish Sheriff's Office and Lake Charles Police Department that document prior incidents at or near the property.

Most Louisiana personal injury attorneys handle inadequate security cases on a contingency fee basis — meaning there is no upfront cost and you pay only if you recover compensation. Under the 2026 tort reform, Louisiana's prescription period for personal injury claims was extended to two years in many circumstances, but that window can close faster than expected when critical evidence is disappearing. Consulting an attorney early preserves your options.

Frequently Asked Questions

Should I call the police after being assaulted on business property in Louisiana?

Yes. Calling the police immediately after an assault on business property in Lake Charles or Calcasieu Parish is one of the most important steps you can take. A police report creates an official record of the incident, documents the location and conditions at the time, and establishes a paper trail that is critical to both any criminal prosecution and a civil inadequate security claim against the property owner. Never rely solely on an internal business incident report.

How quickly is security camera footage deleted in Louisiana businesses?

Most commercial security camera systems overwrite footage on a rolling basis, typically within 24 to 72 hours. Some higher-end systems may retain footage for 7 to 30 days. You or your attorney must act immediately — ideally the same day as the incident — to formally demand preservation of any footage from the date and time of your attack. Once footage is overwritten, it is typically unrecoverable, and courts have sanctioned property owners for failing to preserve it after receiving preservation demands.

Do I need to file an incident report with the business after being attacked?

Filing an incident report with the business is recommended if it is safe to do so, but it is not legally required. The police report is the more critical official document. Be careful about what you sign — do not sign any document offered by the business, its manager, or their insurance representative without first speaking with a Louisiana personal injury attorney. Signing certain documents may inadvertently waive rights or make admissions about your own fault.

What if I did not seek medical treatment right after the attack?

Gaps in medical treatment can be used by insurance companies and defense attorneys to minimize your claim, but a delayed treatment record is far better than none at all. If you are experiencing pain, psychological distress, or any physical symptoms following an attack — even days or weeks later — seek medical attention and explain the connection to the incident. Document the timing clearly with your healthcare provider and note in your records when the symptoms began relative to the date of the attack.

How long do I have to file an inadequate security lawsuit in Louisiana?

Louisiana's general prescription period for personal injury claims is one year from the date of injury, though the 2026 tort reform extended this to two years in certain circumstances. Because the applicable deadline depends on the specific facts of your case — including the type of defendant and any tolling rules that may apply — you should consult a Louisiana attorney as soon as possible. Waiting increases the risk that critical evidence, including camera footage and witness memories, will be permanently lost.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Louisiana personal injury law is complex and fact-specific. Statutes and case law are subject to change. No attorney-client relationship is formed by reading this content. If you were assaulted on business property in Lake Charles or Calcasieu Parish, consult a licensed Louisiana personal injury attorney regarding your individual situation as soon as possible. The evidence from the first 72 hours is often the most critical — do not delay.

Sources & Citations: Louisiana Civil Code Art. 2315 (Liability for Fault); Louisiana Civil Code Art. 2317 (Liability for Damage Caused by Things in Custody); Louisiana Civil Code Art. 2323 (Comparative Fault — 2026 Modified Rule); LSA-R.S. 9:2800.6 (Merchant Liability Statute); Lake Charles Police Department; Calcasieu Parish Sheriff's Office.