Premises Liability Attorneys in Jackson, MS

Who Might Be Liable in a Premises Liability Case?

Serious injuries can happen almost anywhere – whether you are at school or work, running errands, visiting friends at an apartment complex, or exercising in a public park. No matter where you go, you are on land owned by someone. The property may be yours. Or, it may be owned by another individual, a business, or a government entity. Whoever owns, rents, or manages the property is responsible for making sure it is safe for guests and customers. If you were hurt because a property owner or occupier failed to exercise reasonable care, our premises liability attorneys in Jackson may be able to help you obtain compensation.

When the property is unsafe because there is a hidden or subtle defect and you’re harmed by said defect, the property owner and/or manager may be liable for any resulting injuries. However, premises liability claims typically rise and fall upon highly technical details, such as the reason you were on the property at the time you were injured. You should never expect to receive a quick insurance settlement in a premises liability case. In fact, if you want to resolve your premises liability case for anything more than minimal value, you must be prepared to litigate your case for one or more years. Any attorney that tells you otherwise hasn’t handled any premises liability cases. You must work with a skilled premises liability lawyer in Jackson to receive the compensation that you deserve.

Who Might Be Liable in a Premises Liability Case?

When you’re injured in a premises liability accident in Mississippi, you’ll first need to find the person responsible for your suffering. When you file a claim, you’ll need to name the person you believe is responsible for your injuries, since they’ll be the ones responsible for providing your compensation. So who’s responsible if you were injured by property hazards?

Typically, the property owner is responsible for injuries that happen on their property, even if they weren’t present during the accident.

For example, if you slipped and fell on a wet spot in a store, hurting your back, it might seem that an employee caused the accident by not cleaning up or at least marking the spot. However, the owner is responsible for accidents on their property, so they’ll be the financially liable party.

However, keep in mind that they may not be liable if they warned you of the danger. For example, if there was a wet floor sign warning customers to avoid some a certain area of the floor, you may not be able to claim they were negligent. You may need to contact an attorney at BBJ about responsibility for the claim.

Were you attacked on someone else’s property because the property owner failed to properly secure the premises? If you were injured by the attack, you may be able to pursue a negligent security claim against the property owner to recover compensation for your losses.

Businesses, hotels and apartment communities are responsible for ensuring that their premises are safe for tenants, customers, and employees. For instance, they must implement proper security measures to prevent dangerous criminal conduct. If a property owner failed to provide proper security and a victim was severely injured by a criminal as a result, the property owner may be held responsible for the victim’s injuries.

Liability for Restaurant Owners

All owners and operators of restaurants in Mississippi have a duty to keep patrons safe from harm and maintain restaurant premises free of hazards. Failing to do so can cause unsafe conditions in the kitchen, dining area, or elsewhere under the owner’s care. For instance, failing to maintain 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 in within a reasonable amount of time, the restaurant may be liable for compensation if a person slips/trips and falls or otherwise injures themselves because of the spill. In these cases, it is a matter of determining whether the restaurant 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 come from across the country and around the world to enjoy the gambling at casinos of Mississippi. In fact, Mississippi has one of the world’s largest populations of casinos. When you and your friends go out for an evening of gambling, you expect to have fun and stay safe, assuming the casino will fulfill its duty to prevent any unnecessary injuries among its guests.

Unfortunately, a day at the casino can quickly result in lasting injuries when accidents occur. Injury-inducing accidents and violent crimes are not unheard of at Mississippi casinos. 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.

Unfortunately, a day at the casino can quickly result in lasting injuries when accidents occur. Injury-inducing accidents and violent crimes are not unheard of at Mississippi casinos. 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, with some of these establishments putting patrons at significant risk of harm. They are often dimly lit, with gaming tables and gambling machines placed in the middle of walkways. Alcohol is commonly served and sometimes over served, which can exacerbate existing hazards. Our knowledgeable attorneys have handled numerous premises liability case in the casino, including:

  • Slip and falls/trip and falls. Casinos can be bustling places, often housing restaurants and bars in addition to gambling facilities. When casinos provide food and beverages for their patrons, they have a duty to regularly inspect and remove any hazards to guests in the form of spilled drinks or food. If you’re visiting a riverboat casino, the business owners must also ensure that decks and entrances remain dry and free from dangerous and slippery pools of water. If you were seriously injured in a slipping, falling, or tripping accident inside a casino, we refer to these types of accidents as slip and fall accidents. These accidents are preventable with the presence of a large enough maintenance staff and should be prevented 100% of the time. When a casino owner is careless regarding the upkeep and/or maintenance of their casino, you deserve to be compensated for your medical expenses, costs of rehabilitation, and more.
  • Shuttle bus injuries. Many casinos offer shuttle bus service 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, causing severe injury to passengers on board.
  • Dram shop liability. Casinos regularly supply their patrons with alcohol in order to encourage more and higher gambling losses.  If the casino serves too much alcohol to someone who then causes an auto accident because he was intoxicated, the casino can be liable under what are called Dram shop laws.  The security cameras in the casino are often a valuable source of proof in this type case.
  • Assaults. Casino patrons are attractive targets for thieves. Inadequate security measures and dimly lit parking areas can create a dangerous environment for visitors to the casino. Over-service of alcohol may also lead to injuries due to the potential for fights and violent outbursts from intoxicated guests.

Determining Liability for an Assault or Attack

While generally people cannot be held liable for the actions of a third person, sometimes a business owner can be held liable for an assault or attack on their premises. If they fail to keep their premises safe and an attack occurs inside or outside of their immediate location, they may be liable. Premises liability cases are complex and if you think the owner of the premises where you were attacked should be held liable you must contact a capable lawyer who can discuss what makes a business liable for attacks and assaults on their premises and how to recover in that situation.

Generally, business owners can take pre-emptive steps or due care to attempt to prevent assaults and attacks such as keeping the areas around their store or premises well lit at night, installing security cameras or hiring a security company to patrol the premises. While not all assaults and attacks in a store parking lot or outside of another business will have the necessary elements to hold a business owner liable you can almost guarantee that if they were put on notice that prior attacks had occurred there, then they will have to take extra measures to safeguard clients or licensees.

The purpose of security is to protect people who are visiting a given property. Malls, retail stores, office buildings, hotels, apartment buildings, and other types of public and private properties often employ security to ensure the safety of guests. When security guards act negligently or when a property lacks security altogether, it can lead to serious harm, including assault. These incidents, in turn, can result in devastating injuries and long-term psychological effects for victims.

New Premises Liability Law in Mississippi

The Mississippi legislature created and passed the Landowners Protection Act. It applies to cases in which a third-party tortfeasor commits a criminal act against an invitee of a business. The Mississippi legislature goal with this bill was to limit the number of negligent security cases being filed. The most critical changes to the law by this bill is that property owner/operator is not liable, unless the plaintiff proves that the owner/operator “actively and affirmatively, with a degree of conscious decision-making, impelled the conduct of said third-party” and in order 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 subject incident, 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/operator “impelled the conduct” of the third party. Also, plaintiffs have previously been allowed to prove an “atmosphere of violence” with evidence of prior similar criminal activity on the subject property or in the “vicinity” of the subject property. The courts previously 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 much more stringent for proving an “atmosphere of violence.”

We Can Help You Account for All Potentially Recoverable Damages

You’ll also need to ensure that your claim includes all the damages you’re seeking and how much they’re worth. While getting justice can give you peace of mind, you’ll also need that financial compensation to overcome your suffering and recover.

This should include both your economic and non-economic damages. These damages, called compensatory damages, should cover the losses you’ve suffered, financial or otherwise. Unfortunately, calculating your other damages, like emotional trauma can be more difficult to estimate. You may need an experience attorney from Brown Bass & Jeter with resources and experience to successfully calculate these claims.

If you’re injured in a slip-and-fall accident or other accident on someone else’s property, you may be entitled to some or all the following damages:

  • Medical expenses
  • Lost income
  • Pain and suffering
  • Loss of earning capacity
  • Mental anguish

Set up a Free Consultation with a Jackson Premises Liability Lawyer

If you were assaulted or otherwise injured as a result of negligent security, Brown Bass & Jeter can help. Our premises liability lawyers have experience handling these types of complex claims. We know how to prove property owner negligence and what it takes to win your case. We offer compassionate, personalized legal guidance and aggressive representation in the courtroom. Send us a message or call 601-487-8448 for a free case review.

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