Biloxi Premises
Liability Lawyer

Premises Liability in Mississippi

Premises liability is a legal concept based on the principle that owners and occupiers must maintain a reasonably safe environment for their visitors. Mississippi’s premises liability laws encompass the legal responsibilities that property owners have when injuries occur on their property due to unsafe conditions.

Some key aspects involved in premises liability cases in Mississippi are as follows:

Negligence

The core of a premises liability case is the ability to prove negligence. You must be able to show that the property owner or occupier failed to provide a reasonable level of care to prevent your injury. In other words, it must be made clear that the property owner did not take reasonable steps to secure the establishment or warn its visitors of potential dangers. A lawyer from Brown, Bass & Jeter will be able to gather evidence of the owner’s negligence to help build your case.

Unsafe Conditions

On the subject of potential dangers, there must have been a dangerous condition on the property that the owner or occupier should have reasonably known about. You, as the injured party, must be able to prove that such an unsafe condition was what directly caused your injury.

Comparative Fault

Mississippi follows a pure comparative negligence rule, which means that if the injured party is partially at fault, their compensation may be reduced in proportion to their degree of fault.

Types of Visitors

The level of care owed by the property owner varies depending on the type of visitor. There are three particular kinds of visitors to a property: invitees, licensees, and trespassers.

Invitees are people invited onto the property for business purposes, such as customers in a retail space. The highest duty of care is owed to invitees. Individuals who are on the property for social reasons (guests at a party, for instance) are deemed licensees and must be warned of known dangers that are not immediately obvious. Generally, property owners owe the least duty of care to trespassers.

However, should a child wander onto an individual’s property with the intent of playing with something that entices them (but is ultimately dangerous), the property owner is still liable for any injuries the child sustains as a result. This is because the child could not have known of the inherent danger of the object on the property given their young age, and the property owner should have done whatever they could to remove it from view or prevent the child from accessing it as opposed to leaving it unattended.

The meaning of trespassers is clear: uninvited individuals who are not welcome on the property.

Recoverable Damages in a Biloxi Premises Liability Claim

In a premises liability claim, the potential damages you may recover aim to compensate for the losses and impacts of the accident.

Economic Damages

These damages refer to those that have a clearly defined financial value. Compensation can cover past and future medical treatments, including hospital stays, surgeries, medications, physical therapy, and any other healthcare needs related to the injury.

Additionally, if your injury causes you to miss work, you can claim compensation for lost wages, as well as a loss of earning capacity if the injury affects your ability to work in the future.

Non-Economic Damages

In contrast to the damages above, non-economic damages are often a bit more complex, as they do not have an easily determined value.

Pain and suffering make for the most common form of non-economic damage, in which you can be compensated for the physical pain and emotional distress you suffer due to your injury.

In a similar sense, your injuries might prevent you from engaging in hobbies or activities you once enjoyed. As a result, you can also seek compensation for a loss of enjoyment in life.

Punitive Damages

Lastly, in rare cases where a property owner’s negligence was particularly egregious, you may be awarded punitive damages in addition to those mentioned above. These specifically intend to punish the defendant and deter similar negligent behaviors from occurring in the future.

The team at Brown, Bass & Jeter thoroughly assesses each case to ensure that all potential damages are considered and that our clients receive comprehensive compensation for their losses.

Who Can Be Held Liable in a Premises Liability Case?

In a premises liability case, determining who is liable involves identifying the parties responsible for the safety of the property. Various entities can be held liable, depending on the specifics of the case.

Often, the property’s owner is liable for injuries that occur on their property, particularly if they failed to maintain a safe environment or did not address known hazards.

When property management is involved, these individuals or companies may be liable if their negligence in managing and maintaining the property leads to an accident. Nevertheless, in situations where a property is leased or rented, tenants can also be held responsible if the injury occurred in an area under their control.

Perhaps your injury occurred in a commercial setting. In that case, the business operating at the location might be liable, especially if the injury was due to their operations or negligence.

Lastly, during any construction or maintenance done on an establishment, the contractors and subcontractors involved in the project might be held liable for any injuries or accidents if they create unsafe conditions.

What Is the Statute of Limitations for Premises Liability Cases in Mississippi?

In Mississippi, the statute of limitations for premises liability cases is generally three years from the date of the accident. Failing to file within this time limit typically results in the loss of your right to claim compensation. Therefore, it is vital to be aware of the deadline and reach out to a personal injury attorney at Brown, Bass & Jeter as soon as possible after your injury.