Where Premises Liability Accidents Occur in Jackson, MS
Throughout Jackson, MS, premises liability accidents can occur in a wide range of locations, from private homes to public spaces and commercial establishments. Regardless of the property type, owners and managers have a duty to ensure that their premises are safe for all invited guests.
A negligent property owner may be held liable for injuries and damages under the following circumstances:
- They were aware of an unsafe condition but failed to address it or warn guests;
- There were obvious safety violations, such as broken handrails or burnt-out lights;
- An employee of the property owner created an unsafe condition, such as leaving a box in an aisle and causing a tripping hazard.
Common locations for premises liability accidents in Jackson include:
- Private homes
- Apartment buildings
- Parking lots
- Shopping malls
- Hotels and motels
- Department stores
- Sporting arenas
- Sidewalks and public streets
- Office buildings
- Bars and nightclubs
- Construction sites
If you’ve been injured at any of these locations, you may be eligible to seek compensation. The specific legal protection available to you will depend on your guest category at the time of the accident.
In general, guests fall into one of three categories:
- Licensee: A licensee enters a property with the owner’s consent for their own interest;
- Invitee: Invitees are welcomed onto a property for mutual benefit, such as customers in a store;
- Trespasser: Trespassers are on a property without permission; property owners generally have no duty of care to trespassers except not to intentionally harm them.
The type and amount of damages you stand to receive will vary depending on your status as a guest and your behavior at the time of the accident.
Common Types of Premises Liability Claims
Premises liability claims arise when someone is injured on another person’s property due to unsafe conditions or negligence.
Common types of premises liability claims include:
- Slip and fall accidents, often due to wet floors, uneven surfaces, poor lighting inadequate maintenance of the property, such as broken stairs or malfunctioning equipment;
- Defective conditions on the property, including faulty wiring or plumbing issues;
- Insufficient security measures leading to assaults or other crimes on the property;
- Dog bites and animal attacks;
- Accidents involving swimming pools, such as drowning or slip and fall injuries;
- Elevator and escalator accidents due to mechanical failures or lack of proper maintenance.
As mentioned, property owners and managers have a duty to maintain a safe environment for visitors — failure to do so can lead to serious accidents and injuries.
Schedule a Free Consultation with Our Jackson Premises Liability Attorneys
If you've been injured in any of the situations described here, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. Consult the veteran premises liability attorneys at Brown, Bass & Jeter to discuss your legal options and begin building your case.
Contact Brown, Bass & Jeter today to find out what your case is worth.
Common Injuries After a Mississippi Premises Liability Accident
Victims of premises liability accidents in Mississippi may sustain any number of injuries, from minor sprains to permanent, debilitating conditions, depending on the circumstances of the accident.
Common injuries include:
- Broken bones: Fractures can occur from slips, trips, or falls, as well as from accidents involving defective stairs or handrails;
- Sprains and strains: These injuries often result from slips and falls or tripping over an obstacle on the property;
- Traumatic brain injuries (TBIs): Brain injuries can happen due to falls or being struck by a falling object;
- Spinal cord injuries: Falls from height or other accidents involving heavy equipment or machinery can potentially cause spinal cord injuries;
- Cuts and abrasions: Cuts and scrapes frequently occur from contact with sharp or rough surfaces;
- Burns: Burns are typically caused by fires, electrical malfunctions, or contact with hot surfaces or liquids;
- Emotional distress: Emotional distress can be a lasting effect of any traumatic accident or assault that occurs on the property.
If you’ve suffered any of these injuries, it’s crucial to seek medical attention immediately. Once you’ve been checked out, schedule a meeting with our premises liability attorneys in Jackson to understand your legal options.
Who Might Be Liable in a Premises Liability Case?
There are several parties who could be held liable for the injuries sustained in a premises liability case. Responsibility will be assigned based on the circumstances of the accident and where it occurred.
Potentially liable parties include:
- Property owners: The owner of the property where the accident occurred is often the primary liable party. Property owners have a duty to maintain a safe environment for visitors and can be held responsible if their failure to do so results in an injury;
- Property managers or occupiers: In some cases, the person or entity that occupies or manages the property, rather than the owner, may be held liable. This can include businesses that lease commercial property, landlords of residential property, or government entities that manage public spaces;
- Maintenance or repair companies: If the injury was caused by a hazardous condition that should have been repaired or maintained by a third party, such as a maintenance or repair company, they may be held liable;
- Manufacturers or installers: If the injury was caused by a defective condition, such as faulty wiring or a defective escalator, the manufacturer or installer of the defective product may be held liable;
- Government entities: If the accident occurred on public property, such as a sidewalk or park, the government entity responsible for maintaining that property may be held liable.
Liability for Restaurant Owners
All owners and operators of eateries in Mississippi have a duty to keep patrons safe from harm and maintain premises free of hazards.
Failing to do so can create unsafe conditions in the kitchen, dining area, or elsewhere under the owner’s care. For instance, Neglecting to stock fresh produce or meat may be a form of restaurant liability if a customer becomes sick from salmonella.
In other situations, such as when something is spilled and not cleaned up within a reasonable amount of time, the restaurant may be liable for compensation if a person slips and falls or otherwise injures themselves because of the spill.
In these cases, the question of liability comes down to whether the restaurant employee or owner had time and opportunity to identify these hazards and whether they acted responsibly or neglected their duty to ensure safety on the premises.
Liability for Casinos
Every year, tourists from around the world flock to Mississippi casinos to gamble and enjoy other diversions. Unfortunately, a day at the casino can quickly result in serious and lasting injuries when accidents occur.
Like other property owners, casino owners and employees have a legal duty to keep guests safe and do everything they can to prevent accidents. When an injury or violent crime occurs due to the negligence or careless actions of the owner or an employee, the casino may be able to be held legally responsible.
Casinos can be risky places to visit, and some of these establishments put patrons at significant risk of harm. They’re often dimly lit, with gaming tables and gambling machines placed in the middle of walkways. Alcohol is also commonly served (and sometimes over-served), which can exacerbate existing hazards.
The following types of injuries and crimes are all unfortunately common at Mississippi casinos.
- Slip and fall accidents: When casinos provide food and beverages for their patrons, they must regularly inspect and remove any hazards to guests in the form of spills. If you’re visiting a riverboat casino, business owners must also ensure that decks and entrances remain dry and free from standing water;
- Shuttle bus injuries: Many casinos offer shuttle services to and from area hotels or nearby airports. A passenger may be injured by improperly loaded luggage falling from the storage area or slippery bus steps. The shuttle bus may also be involved in a traffic accident, injuring the passengers on board;
- Dram shop liability: Casinos regularly supply their patrons with alcohol in order to encourage gambling and other activities. If the casino serves alcohol to someone visibly intoxicated who then causes an auto accident, the casino can be liable under the state’s “dram shop” law. Security cameras are often a valuable source of proof in this type of case;
- Assaults: Casino patrons are attractive targets for thieves. Inadequate security measures and dimly lit parking areas can create a dangerous environment for visitors. Over-service of alcohol may also lead to injuries due to the potential for fights and violent outbursts from inebriated guests.
Reach Out to Our Mississippi Premises Liability Lawyers for a Free Consultation
When you're injured on someone else's property in Mississippi, you must act quickly to secure justice and fair compensation. Contact the Mississippi premises liability lawyers at Brown, Bass & Jeter today to discuss your legal options.
Contact Brown, Bass & Jeter today to find out what your case is worth.
New Premises Liability Law in Mississippi
In 2020, the Mississippi legislature created and passed the Landowners Protection Act. This law applies to cases in which a third party commits a criminal act against an invitee of a business. The state legislature’s goal with this bill was to limit the number of negligent security cases being filed.
The most critical change provision of this bill is that the property owner or operator isn’t liable unless the plaintiff proves that they “actively and affirmatively, with a degree of conscious decision-making, impelled the conduct of the said third party.”
Furthermore, to prove an “atmosphere of violence,” the plaintiff must show that at least three similar violent crimes occurred on the same property within the three years prior to the incident in question and that at least three such incidents resulted in criminal arraignment and/or charges for a violent felony.
These changes are important because plaintiffs have never been required to prove that the owner or operator “impelled the conduct” of the third party.
Plaintiffs have also previously been allowed to prove an “atmosphere of violence” with evidence of prior similar criminal activity on the property or in its vicinity. The courts defined “vicinity” broadly and, in some instances, allowed evidence of prior criminal conduct as far as a mile or more away from the subject property.
The new law makes the requirements for proving an “atmosphere of violence” much more stringent.
Damages You May Be Entitled to in a Premises Liability Claim
If you’ve been injured in a premises liability accident in Mississippi, you may be entitled to collect economic and non-economic damages to repay you for your losses and resulting injuries.
Common types of damages available in premises liability claims include:
- Medical expenses: Financial compensation for medical bills, hospital stays, doctor’s visits, surgeries, medications, physical therapy, and other medical treatments related to the injury;
- Lost wages: Compensation for income lost due to time off work for recovery or medical appointments;
- Loss of earning capacity: This type of compensation may apply if the injury affects your ability to work and earn income in the future;
- Pain and suffering: Restitution for physical pain, emotional distress, and loss of enjoyment of life resulting from the injury.
In cases where the property owner’s conduct was particularly egregious, you may also be entitled to punitive damages as a way to punish the defendant and deter similar conduct in the future.