Evaluating Cases
The extent and nature of the property or premise owner's duty, as seen by the Mississippi courts depends on the facts of each individual premises liability case.
There are a number of ways one can become injured or harmed, which could result in a premises liability suit. People can trip and fall over a hazard on the property. People have had slip and fall accidents for a number of reasons, such as cleaning liquids being applied to floors, and loose or uneven surfaces presenting falling hazards.
If you are involved in a slip and fall accident in Mississippi, there are many factors that can effect the case, like the nature of the hazard, how long the hazard had been present before the incident, the impact of weather conditions, and other factors that need to be assessed by an experienced Mississippi premises liability law attorney.
The above factors and others, must be carefully evaluated by an an attorney with specific knowledge and experience in Mississippi premises liability law to assure an injured party's greatest chance at succeeding in the courts with their law suit. We at Legal Genius can give you the type of knowledgeable answers to evaluate your case and develop and execute the best possible litigation strategy. You don't want to hire just any attorney to handle your case, but one with a proven track record in Mississippi premises liability cases and in Mississippi slip and fall cases in particular.
The Three Types of Status in Mississippi Premises Liability Law
According to Mississippi law there are three different statuses of people on a party's property. If a person on the property is merely a social guest as opposed to being there to engage in business or conduct business, or to conduct civic business that benefits both parties, or to repair or improve the property they are not given as much protection under Mississippi premises liability law. But, the property owner does have an obligation to warn social guests of potential hazards or fix those hazards.
Visitors conducting some sort of business on the property have a right to greater protection from the property owner than that of social guests.
Trespassers have the least protection of the three statuses, but they are still protected from known hazards on the property if the property owner knows the trespasser is on the property. Children, according to Mississippi premises liability law are given more protection than adult trespassers. Mississippi laws accounts for the fact that children may not appreciate the danger as much an adult would and the state has applied the attractive nuisance doctrine to such cases as when their is an attractive element on the property for which the child may not appreciate the underlying hazard and has not been adequately protected from such as a swimming pool.
Conditions which Must be Met to Win a Mississippi Slip and Fall Case
Slip and fall cases are the most common in Mississippi premises liability trials. There are several conditions which a jury must determine have been met in order to decide in favor of the plaintiff.
The first consideration is whether a dangerous condition existed on the property leading up to the slip and fall accident. Next the jury must determine if the the owner created a dangerous condition or knew about the dangerous condition and if the owner did anything to remedy the problem. Even if the owner did not know about the dangerous condition, if the jury determines that the condition was present long enough on the property that the owner should have found out about it, then the jury can still rule in favor of the plaintiff.
If the jury determines that one of the three theories of negligence, mentioned above applies, then they can award monetary compensation to the plaintiff for her or his injuries suffered. The jury, can reward beyond medical bills. In its verdict it can account for pain and suffering, future medical bills, wages lost due to the accident, pain and suffering, and other considerations like the lost of enjoyment, or any permanent impairment.
Even though the statute of limitations is three years in most Mississippi slip and fall cases, there are circumstances in which the case must be filed within a year of when the incident took place. Due to this, if you have been involved in a slip and fall accident in Mississippi, contact Legal Genius right away to get started on your case. Legal Genius does not charge you anything till you win. And we get back to you within five minutes of filling out the Ask the GeniusTM form.
Negligent Security Lawsuits in Mississippi
Another type of premises liability case in Mississippi is called a negligent security lawsuit. According to Mississippi law, business and property owners have a responsibility to take measures to assure for safety of their customers, guests or tenants. To assure a safe environment, property owners and business owners must take security measures if they know that people visiting their properties or businesses are at risk of being victimized by violent criminals.
This means that property owners must install appropriate security equipment and hire security guards if they know people are at risk of falling victim to violent crime.
If you or a loved one was injured or harmed due to criminal activity on another's property in the state of Mississippi, then contact Legal Genius to see if you or your loved one has a case.
No matter what kind of premises liability case it is, Legal Genius can help. Call us before you talk to the insurance company, We want to give you your best chance at collecting the settlement you deserve. And, we help you every step of the way.
No comments:
Post a Comment