Have you been injured while on someone else’s property? You may have a premises liability claim. Contact Mama Justice – MW Law Firm to find out your legal options.
Premises liability cases are lawsuits in which a person is sued because of an injury that results from an accident on a particular property. For example, say you are attending a work meeting, visiting a friend, shopping at the grocery store or even just taking a walk around your neighborhood. You certainly don’t expect to end the day with an injury, but it happens all the time. Things like uneven surfaces, wet floors, staircases without handrails, and falling objects can cause a terrible accident in the blink of an eye, resulting in serious injuries and sometimes even wrongful death.
The fact is, hazardous situations often exist because an issue was not properly addressed by the business or person tasked with keeping the property in a condition that is reasonably safe for visitors. For example, if you trip and fall on an uneven surface in a parking lot and sustain an injury, you may have a premises liability case against the owner or manager of that property.
If you think you have a Corinth premises liability claim, it is in your best interest to work with an experienced lawyer who will ensure you build the best possible case. If you were injured in a premises liability accident in Mississippi, we recommend that you meet with an attorney from Mama Justice – MW Law Firm right away. They can manage the legal aspects of your case and ensure that you are fairly compensated while you focus on getting better. We have achieved successful resolutions to several hundred premises liability claims. Contact us at (833) 626-2587 or fill out our online form to schedule a free review of your potential case.
In the meantime, if you were injured on someone else’s property, there are some things it will be useful for you to know about filing a premises liability claim for compensation in Corinth.
How Does Mississippi Define Premises Liability?
Premises liability law in Mississippi says that property managers and owners are required to ensure that visitors are reasonably safe from harm caused by negligence or carelessness. If they are derelict in maintaining their property in a safe manner, they can be held liable for a person’s injuries and their related damages.
A premises liability claim is designed to obtain monetary reimbursement for the injured person’s losses based solely on the fact that the business or person liable for supervising and maintaining a specific area in a safe condition was negligent in posting ample warning signs or repairing the danger, and, in failing to do so, they breached the duty of care they owed their visitors.
Types of Visitors
In a premises liability case, one of the most important factors to take into consideration is why the person was on the defendant’s property. The visitor will fall under one of the following legal categories. This category, once established, will dictate if and how the claim will proceed.
Licensee
A licensee is any person who enters the property for social reasons or reasons unrelated to business. They have the implied permission of the occupant, owner, manager, or license. The owner has a responsibility to the licensee to not inflict deliberate injury and to maintain their property in a reasonably safe condition.
Invitee
An invitee is any person who enters the property with the implied or express invitation of the occupant, owner, or manager for business reasons, like delivery personnel or a customer at a supermarket. Property owners must show invitees the greatest duty of care by ensuring that their property is in a reasonably safe condition and warn invitees if a situation that could be potentially hazardous exists.
Trespasser
A trespasser is any person who does not have license, invitation, nor any other right to come onto the property. Trespassers come onto a property for their own benefit only, and without express or implied safety assurances. It is vital to bear in mind, however, that if the occupant, owner, or manager purposefully inflicts harm on a trespasser, the court can, and on many occasions has, sided with the trespasser.
Child Trespassers and the Doctrine of Attractive Nuisance
Although, as just mentioned, Mississippi property and business owners are not obligated to make sure their property is in a safe condition for trespassers, this does not include children. If a child trespasser is killed or injured due to an attractive nuisance, the property or business owner can be held liable. Some examples of an attractive nuisance include:
- Jacuzzis
- Trampolines
- Swimming pools
- Climbing frame
- Playground equipment, such as carousels, swings, sandboxes, and slides
- Appliances, like a grill or a deep freeze
- Old vehicles
- Dangerous animals
- Tractors and other farming equipment
- Treehouses
- Power tools
- Sand piles/Gravel piles
- Lakes, ponds, fountains, and other water features
- Wells
- Tunnels
What Are the Most Common Causes of Mississippi Premises Liability Injuries?
The leading type of premises liability accident in Mississippi is a trip or slip and fall. All property owners are required to exercise sensible precautions to prevent their guests and visitors from being injured. If a property manager or owner neglects to keep their walkways and floors free from spills, obstacles, and other hazards, it could cause a trip or slip and fall accident. If an injury takes place, the property manager or owner can be held liable for any subsequent damages.
Trip and fall accidents, as well as other types of premises liability accidents, can take place due to a variety of unsafe conditions and safety hazards, such as:
- Sharp edges or corners
- Outdated electrics/Faulty wiring
- Uncontained animals/Unleashed dogs
- Inadequate security/Negligent security
- Wet floors
- Icy or slick walkways, stairways, and parking lots
- Broken, cracked, and uneven floor tiling
- Loose or uneven floorboards
- Broken or missing hand railings
- Unlevel surfaces or walkways
- Unmaintained or defective walkways or sidewalks
- Potholes
- Unmarked stairwells
- Spilled liquids/Improperly cleaned spills
- Extension cords
- Insufficient, broken, or absent lighting fixtures
- Trip and fall/slip and fall
- Swimming pool accidents
- Negligent security/Criminal assault
- Overzealous security
- Attractive nuisances
- Fires
- Structure collapse
- Construction accidents
- Escalator accidents/Elevator accidents
- Falling objects
- Vending machine tip-overs
- Food poisoning
- Accidents involving heavy machinery
- Accidents at amusement parks
These and other equally hazardous situations can take place on commercial properties, retail properties, and private homes. The individual who is responsible for the premises should be held accountable, regardless of if the accident involved an unprovoked dog attack, a diving board accident, or some other kind of severe injury. Based on the circumstances surrounding your injury, you might be entitled to collect compensation for your Corinth premises liability accident.
How Can I Tell If the Property Manager or Owner is Liable?
In order for your claim to see a successful resolution, there are four elements that you, the plaintiff, will need to prove. To be eligible to collect compensation, you will have to prove that:
- The occupant, owner, or manager created, knew of, or should have known of the dangerous condition.
- The occupant, owner, or manager made no effort to address the dangerous condition and neglected to properly warn their visitors of the situation.
- The action, or lack of action, of the occupant, owner, or manager led to an accident that resulted in the victim being injured.
- The accident caused the victim to endure injuries and other losses, such as hospital bills, lost income, decreased quality of life, pain, suffering, and others.
A skilled Corinth premises liability lawyer can help collect and examine evidence to determine whether or not a manager, owner, or occupant is responsible for an injury that occurred on their property.
Liability Accidents on Private Property
Imagine you are attending a potluck hosted by a friend or your local church group. After you are welcomed onto their property, you trip on an uneven area of the walkway, injuring yourself. Your friend, your neighbor, or the homeowner, apologizes profusely. He or she says they have been meaning to get the broken section of the walkway fixed but just hasn’t found the time. In this scenario, if you filed a premises liability claim, homeowner’s insurance would quite probably handle the claim and pay any damages you amassed. If the homeowner doesn’t have the proper insurance or their policy does not cover this type of accident, you can file a civil suit against them in order to be compensated for your losses.
If you were injured while you were in a rental property, either the landlord or the tenant might be responsible for your damages. For example, if the lease states that the area outside of the unit’s front door is to be free of clutter at all times and you injure yourself tripping over a small pile of boxes that a new tenant left sitting outside of their door, they could be liable for your accident. Conversely, if you were walking through the complex’s parking lot when you tripped and fell on an unfilled pothole that wasn’t cordoned off or marked with any warning signs, then the landlord or property owner will most likely be liable. The best way to accurately determine who the defendant in your premises liability suit should be is to have an experienced Corinth premises liability lawyer from the Mama Justice – MW Law Firm evaluate your case and outline the most effective course of action.
What if I Share in Liability for My Premises Liability Accident?
If a person is found to be partly at fault for their own accident and injuries, they could still possibly recover financial compensation depending on how much at fault they were in the incident. Anyone who isn’t sure if they would legally be considered partially at fault in a premises liability case should contact a reputable Corinth premises liability attorney.
Defective Products and Premises Liability
Premises liability cases are notoriously complicated. Our qualified Corinth premises liability lawyers will meticulously investigate your accident and work out the underlying cause(s). During the course of our investigation, it is not altogether unheard of for a dangerous or defective consumer product to have played a role.
For example, if a member of your family was seriously injured or killed in a fire while they were staying at a hotel, our investigation may uncover that a defective stove in the hotel’s kitchen was the cause of the fire or that a faulty smoke alarm allowed the blaze to advance to the point where it became impossible for your family member to escape.
If a dangerous or defective product was the cause or partial cause of your accident, you might be able to bring a product liability claim in addition to or instead of a premises liability claim.
What Is the Value of My Premises Liability Claim?
The second most popular type of personal injury case in Mississippi is premises liability. A case’s overall worth hinges on the manner and scope of any injuries as well as the emotional and financial impact they have on the injured person. The best way to calculate how much your Corinth premises liability claim may be worth is to meet with an experienced lawyer.
In general, the more severe your injuries and the higher your economic damages, the higher your claim’s value will be. Almost all Corinth premises liability cases will incorporate both economic damages (tangible financial losses associated with your injuries, like medical bills, lost earnings, and property damage) and non-economic damages (subjective non-financial losses, such as the pain of the injury and the trauma of the recovery process, along with any related emotional trauma or distress).
Do I Really Need a Premises Liability Lawyer?
Even though Mississippi’s liability laws can be complex and vary based on the facts of each individual case, you are most likely eligible to bring a claim against a negligent property owner or manager if you were injured on their property. If your claim is successful, you can recover your medical expenses, lost wages, and possibly more.
Navigating Mississippi’s claims system can be confusing and overwhelming, particularly for those who lack legal representation. An experienced Corinth personal injury attorney will be able to walk you through each phase of the legal process.
Mama Justice – MW Law Firm has helped hundreds of premises liability clients in the Corinth, MS area. Contact us at (833) 626-2587 to discuss your potential claim.