Were you injured on private property? Then you may be entitled to compensation under the law of premises liability. Contact our Hattiesburg premises liability lawyers to get the compensation you deserve.
Accidents can occur on private property, whether you are in a store, at a hotel, or in an office building. In the event of an accident, you may be able to file a personal injury claim against the owner of the property if you are injured as a result of the property owner’s negligence.
Property owners must ensure that all dangers are eliminated from their premises to avoid any legal issues. Premises liability laws are complex. Talk to a lawyer as soon as possible if you have been seriously injured on someone else’s property. Our Hattiesburg premises liability lawyers are familiar with the process and how to navigate the maze of insurance companies red tape. And more importantly, they know how to get you the compensation you need to start rebuilding your life with dignity and respect.
Our personal injury attorneys at Mama Justice have decades of experience helping victims seek fair compensation for the injuries and damages they have suffered due to premises liability accidents. Our law firm can provide you with the legal services you need to get justice.
If you have been harmed due to someone else’s negligence, schedule a free case evaluation with our team at your earliest convenience to discuss the legal options you have and the legal services that our personal injury attorneys can provide you throughout the personal injury claims process.
What is a Premise Liability Claim?
A premises liability lawsuit is a type of personal injury lawsuit in which the injured person seeks damages against the owner or occupant of the property that is in some way responsible for the injuries. With an increasing number of accidents happening at the workplace or on residential premises, premises liability law has made it possible to provide better safety conditions.
Generally speaking, accidents on private property are the responsibility of the owner. However, there are specific situations where different rules apply, such as when it comes to public places and government-owned property.
In Hattiesburg, property owners have to keep their land safe and free of hazards if they are aware of them. Failure to comply with this duty can result in physical and financial hardship to visitors. Our seasoned Hattiesburg premises liability lawyers at our law firm can help you determine if the owner of your workplace or business can be held liable for your injury.
Types of Torts that Give Rise to Premises Liability
A tort is a wrongful act causing damage or injury to another. It’s an infringement of a legal right that causes harm or loss to another party. In most cases, an injured person can file a lawsuit to receive compensation for their injuries and other losses they sustained because of the accident.
The three main types of torts that give rise to premises liability are:
- Negligence: Negligence refers to the omission or failure to exercise the care that a similar reasonable and prudent person would have exercised under the same circumstances. Negligence is the basis of a significant number of personal liability claims. To hold a person legally responsible for the consequences of their actions, the law typically requires four elements: duty, breach, causation, and injury. Although a negligence lawsuit may seem straightforward, failure to prove any of these four elements will result in a dismissal.
- Strict Liability: Strict liability is the most basic and limited theory of civil liability. It has nothing to do with negligence or intent. It only applies to a minimal number of abnormally dangerous activities. Strict liability applies when the defendant has no control over the condition that causes injury.
- Intentional Tort: An intentional tort is a civil wrong done on purpose against another person. This can happen in either civil or criminal law. The most common types of intentional torts include assault, battery, false imprisonment, defamation, and interference with business relations.
If you suffered injuries as a result of someone else’s negligence, our MS premises liability lawyers can help you seek financial compensation to cover your medical bills, lost wages, and various other damages that you face. Schedule a free consultation at our Mississippi law firm today to get started.
Steps Involved in the Discovery of a Premises Liability Case
When one person’s freedom is at stake, learning about the matter involves a lot of paperwork. The formal discovery stage begins after you schedule a free consultation with a skilled team of personal injury lawyers. Investigating the details surrounding your personal injury claim before trial will empower your personal injury attorney to advise you on how to proceed with your case.
In a premises liability claim, the discovery process refers to the exchange of information between parties. Here are the four crucial steps involved in the discovery process:
- Interrogatories: Interrogatories are a set of written questions submitted by the opposing party’s legal team. They serve to gather facts relevant to the lawsuit or criminal trial. The information will answer what happened, how, and who was involved. An interrogatory can include information about insurance, injuries, medical history, and medical treatment.
- Request for Production: A request for production is the formal name given to a request for copies of printed documents and other tangible items. Production requests are used to obtain documents in a lawsuit. Before the exchange, both parties will agree on the scope and limitations. Documents may include photographs taken at the accident scene, police reports, medical records, and receipts of property repairs, depending on the subject matter of the requests.
- Request of Admission: This is a statement of fact recorded by one legal party to serve it to the opposing legal party. This statement, which the attorney builds after research, outlines the facts of the case. It allows an opposing party to admit or deny facts without having to appear in court. It must be objected to, denied, or accepted by opposing counsel within 30 days.
- Deposition: A deposition is a testimony that is recorded and transcribed under oath. They serve to record statements during the discovery process and establish a timeline that can be used to state evidence later in court. Video depositions capture high-resolution and real-time testimony, which may be extremely valuable in any legal proceeding. The transcript of the deposition can help strengthen or back up the case.
How Long Do You Have to File A Premises Liability Claim in Hattiesburg?
Hattiesburg, MS, imposes a three-year statute of limitations for filing personal injury claims in court. If you fail to file within this time limit, your personal injury claim is barred, and you can be denied compensation for your injuries.
There is no time to waste. Call our personal injury lawyers at Mama Justice now to discuss your options. Contact our law firm to schedule your free consultation. Our personal injury attorneys handle personal injury cases in Mississippi and all surrounding states. The sooner you get in touch with us, the greater your chance of getting compensation and holding the liable party to account.
Proving Premises Liability
Liability in a premises liability case will depend on the specific details of your case. Liability claims generally require plaintiffs to prove negligence on the part of the property owner or occupant. To claim compensation for injuries on someone else’s property, it is necessary to prove that:
- The property owner knew about the danger on the property and did nothing about it
- The defendant is the owner of the property
- You were injured
- The negligence of the owner caused your injuries
- The injuries caused you damages
Sustaining an injury at a business or place of recreation or entertainment because of someone else’s negligence can be very daunting. You need the assistance of a legal team you can count on and trust to help you with all aspects of your compensation claim. Our MS premises liability lawyers are skilled at proving premises liability claims in Hattiesburg, MS, and will assist you in getting the compensation you deserve.
What Are Some Examples of Premises Liability Accidents?
While slip and fall claims represent a significant percentage of premises liability lawsuits, many other types of premises liability accidents exist. They include:
- Slip and Fall Accidents: If a company or a store fails to warn customers about the slippery condition, there is a possibility that the customer can slip on the floor and hurt themselves. If this occurs, a legal claim can be made against the company. This personal injury claim will make the company bear responsibility for the injury. Slip-and-fall accidents can result in catastrophic injuries, including back injuries, fractures, and paralysis.
- Dog Bites: If someone’s pet bites you, you may have legal grounds to seek compensation. Just because you love animals doesn’t mean they can’t cause damage. Dogs are typically held to the same standards as other parts of your property, like a fountain or light pole. If an aggressive dog causes injury, victims may be able to file for compensation.
- Hotel Accidents: Leaving your home and checking into a hotel should be an event that you can look forward to with excitement. Unfortunately, some hotel conditions may put a person’s well-being at risk. Hotel managers must maintain a certain level of safety and cleanliness for their guests. If a manager or employee neglects to meet that standard, you may be able to recover compensation from the hotel and its managers. A premises liability attorney can help you better understand your rights as a guest and whether or not you have grounds to sue.
- Trip and Fall Accidents: Tripping hazards can cause injuries to people of all ages. Minor defects in a staircase or carpet can result in major falls, especially when the victim is older or in poor physical condition. A tripping hazard can cause serious injuries, especially when the victim is elderly or physically challenged. Landlords and store owners should be held responsible for the defects in their property.
- Failure to Provide Security: When the property owner is aware of a threat to their tenants or guests that could lead to injury, they may have a legal duty to provide security forces, adequate lighting, or other protection measures. If the property owner fails to provide such protective measures and a person on the property is injured as a result, the victim may be able to file for damages against the property owner in personal injury court.
- Elevator and Escalator Accident: Due to the complex internal systems of escalators and elevators, regular maintenance is typically required to ensure functioning components. However, failure to maintain these machines results in the potential for serious injury.
- Construction Site Negligence: Construction companies and property owners must protect pedestrians by properly blocking off construction zones. If their negligence leads to an accident, you may be entitled to compensation for your injuries and other damages.
- Parking Lot Accidents: Commercial property owners must keep their premises safe for guests. If you’ve been injured in a parking lot, the company that owns the parking lot may be liable for your injuries. If you were hurt due to poor lighting, for example, negligence on the part of the property owner can be used to establish fault and damages.
If you are in the unfortunate position of being injured in a premises liability accident, only an experienced and professional personal injury lawyer can help you get compensation for your medical bills, emotional distress, and injuries. Contact our experienced team of personal injury lawyers at Mama Justice today to schedule a free consultation to get started.
Our personal injury lawyers will review the circumstances surrounding your case, identify all liable parties, and pursue legal action against them. Our attorney can meet with you for a free consultation at your earliest convenience to get started.
Legal Status of a Visitor
There are three kinds of people who enter someone else’s property. They are:
- Invitees
- Licensees
- Trespassers
Property owners owe a different duty of reasonable care to each category of visitor and must take into account the person’s status when determining how much care is required to keep them safe.
What to Do After Being Involved in an Accident?
The aftermath of a personal injury on someone else’s unsafe property can be disorienting and even frustrating, but knowing what to do after an accident can help you move forward easily. Here are some of the things you should do after being involved in a premises liability accident:
- Seek Medical Attention: The most important thing to do following a slip and fall is to seek medical attention as soon as possible. If you don’t, you can experience lasting effects that can affect your ability to work, perform routine daily activities, or even continue doing the things you love. Additionally, to have a solid premises liability case, a doctor’s report describing the injuries from the fall is essential. If you or a loved one suffers from a slip or fall accident, seek immediate medical attention.
- Report the Accident to the Proper Authority: Report the accident to the proper authority. Recording the details of the accident ensures that there will be a record in place should you need to file a suit against another party.
- Document Everything: It is essential to collect all necessary information. This may include the names, addresses, phone numbers, and email addresses of potential witnesses. Photographs should also be taken of the exact location where you fell and any signage or other conditions that could have contributed to the accident.
- Do not Give Statements: Act responsibly following an accident. Please do not share any details about the accident with anyone until you’ve spoken with our personal injury attorneys.
- Contact an attorney: You must contact a qualified personal injury lawyer as soon as possible if you have been hurt on someone’s property. Taking this step after an accident is the best way to protect your rights to compensation for your injuries, damages, and losses. If you have been injured in a premises liability accident, visit our Hattiesburg office for a free consultation. Our personal injury lawyers are highly good at maintaining a positive attorney-client relationship and will help you get the justice you deserve. Contact our legal team today to get started.
Consult Our Experienced Legal Team Today
If you’ve been injured in a premises liability accident, contact our experienced Hattiesburg, MS, premises liability lawyers at Mama Justice now. To get the compensation you deserve for your premises liability case, you need the legal services of a dedicated lawyer with experience representing premises liability accident victims. We are committed to helping you achieve the best possible outcome for your case so you can focus on moving forward and recovering from your injuries.
Have you been injured in a slip-and-fall accident on someone else’s property in Hattiesburg? Call (888) 807-6637 to schedule a free case evaluation at Mama Justice and learn about your rights. Contact our Hattiesburg premises liability lawyers. We are ready to help you understand your rights and options.