Yes, you can. People suffer various types of injuries while on the property of someone else or the property of a business all the time. Any person who enters a property owned by someone else should have a reasonable expectation of safety while on the premises. However, negligence on the part of a property owner in terms of lack of property maintenance, performance, or needed repairs, can lead to these injuries and open the property owner to a premises liability lawsuit.
A premises liability lawsuit is a personal injury suit against a property owner or operator for failure to provide safe conditions on the property that caused injury. The accidents involved in these lawsuits can include slip and falls, fire, falling equipment, poor security, swimming pool accidents, construction site accidents, and more.
The losses for which individuals often sue plaintiffs in premises liability lawsuits include those for medical expenses, permanent medical impairments costs, lost wages/income, and pain and suffering.
Proving a premises liability case
With regard to premises liability, Mississippi requires property owners to provide reasonably safe conditions to keep visitors protected from harm. For instance, if a hazard is present on an owner’s property, the owner is obligated under the law to either warn visitors the hazard exists or fix it. Property owners may be held liable for damages if they fail in this duty and an injury occurs. Plaintiffs must prove the following elements to expect a successful outcome in a premises liability case:
- The defendant owned, occupied, or leased the property
- The defendant was aware that the property was unsafe
- The plaintiff sustained one or more injuries while on the property, and,
- The harm suffered by the defendant was substantially caused by the defendant’s negligence
Under the newly-passed Landowners Protection Act, it may be difficult to obtain damages in a premises liability claim if your injuries were related to the actions or negligence of a third party. Make sure to contact us if you have questions.
Comparative negligence in premises liability cases
The state of Mississippi’s comparative negligence rule can significantly affect your premises liability case. This rule sets the parameters for the amount of damages you may collect in a personal injury lawsuit. According to Mississippi Code Section 11-7-15, those damages may be reduced in direction proportion to the level of liability assigned to you by the court for the accident. This means that, to your dismay, you may find that you bear partial responsibility for an accident even if the property owner failed in his or her duty to keep the property safe or warn you of an existing hazard.
If you or a loved one has sustained an injury on someone else’s property as a result of the owner’s negligence, you likely have the right to collect compensation for your losses. However, you need a strong and experienced attorney to see your case through to success. To arrange a personal case review at one of Taylor Jones Taylor’s offices in Hernando, Southaven, or Olive Branch, give us a call today at 662.253.5193, or complete this contact form.
Benjamin L. Taylor is a lifelong resident of DeSoto County and has distinguished himself in the area of products liability and personal injury law. He has a reputation as a fierce advocate for his clients and has obtained millions of dollars in verdicts and settlements over his career. He has been listed in the publication Super Lawyers of the Mid-South in the area of product liability. To learn more about Mr. Taylor, please refer to his biography page.
