Premises Liability

When you visit a store or office in Mississippi, it’s reasonable to expect you will be safe. Unfortunately, that’s not always the case.

When property owners or occupiers – we’ll call them “possessors” – fail to uphold the duty they owe to you to ensure your safety on their property, and you suffer an injury as a result, you may have a premises liability claim.

Common types of premises liability claims in Mississippi are:

  • Slip and falls (including falls on wet or slippery floors in stores, icy parking lots or poorly maintained stairs)
  • Elevator or escalator accidents
  • Electrocutions or burns in a fire caused by improper wiring at an apartment
  • Dog bites or other animal attacks
  • Assaults or other crimes due to inadequate security
  • Accidents at swimming pools.

Our experienced premises liability lawyers can guide you through the process of seeking compensation for your personal injuries and losses.

Contact us today to receive a free consultation of your case.

What Duty Does the Possessor Owe to You?

At our firm, the first step in your premises liability case will be to determine what duty the possessor owed to you. In Mississippi, visitors generally fall into three categories:

If you were on the property for reasons directly or indirectly connected to the possessor’s business interests, or if the property was held open to the public you will likely be classified as an invitee. The possessor owed you a duty to use reasonable care to make the premises safe, including inspecting for unknown dangers or giving adequate warnings about dangers.
If you were there merely with the possessor’s consent you will likely be classified as an licensee. The possessor owed a duty to warn you about any known dangers that you might encounter but not discover.
If you were there without the possessor’s consent and actually had no right to be on the property you will likely be classified as a trespasser. Generally speaking, the possessor only owes a duty to refrain from willfully harming you.
If a trespasser is a child, however, the possessor owes a higher duty. If there is an artificial condition on the property that can be considered an “attractive nuisance,” the possessor owes a duty to take reasonable care to eliminate the danger. For instance, if the property has a swimming pool, the possessor must put up a fence around it (usually, this is also required by a local ordinance).

Was the Danger Open and Obvious?

When you file a premises liability case, you will deal with the insurance company that has insured the property – for instance, the company behind the homeowner’s insurance policy.

Often these insurance companies invoke what is called the “open and obvious doctrine.” In other words, they will argue that you were injured by an open and obvious hazard that you could have reasonably avoided.

If you did, in fact, step into an open and obvious hazard, your compensation can be reduced under Mississippi’s “pure comparative negligence” law. Therefore, it would be reduced based on your percentage of fault. For instance, if you suffer $10,000 in damages because you fell on a puddle in a store aisle, and you were 80 percent at fault, you could only recover $2,000.

How a Mississippi Premises Liability Lawyer Can Help You

If you or a loved one has been seriously injured because of the negligence of a property owner or occupier in Mississippi, our firm can help you seek compensation for your medical expenses, lost income and pain and suffering.

We can protect your rights in claims against property owners, landlords, security contractors, and others who owed a duty to look out for your safety on their premises.

Contact Abdalla Law, PLLC. Our initial consultations are always free and carry no further obligation.

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