One of the most common claims that clients here in Mississippi ask me about is “slip and fall” cases. People often believe if they are injured on another person’s property, they are due a large cash settlement. While that can happen, it is rarely that straightforward. That said, landowners and landlords can be liable for injuries you experience on their property, but liability depends on a theory called “premises liability.”
If you or a loved one was injured due to a hazardous or unsafe condition on another’s property, one thing is critical to know—you will need to have experienced counsel help you attain your fair share of compensation for your loss of income and injury. Barrett Law has the experience to help you if you have been injured. Contact us now at (800) 707-9577.
What is Premises Liability?
A person who opens up a building or property to the public must keep it reasonably safe. Landowners and landlords have a duty to protect visitors from harm on their property reasonably. If their construction or maintenance of their property is not reasonable and that failure results in an injury, they may be held legally liable for all injuries incurred by the visitor. Damages routinely include pain and suffering, compensation for medical bills and loss of wages, as well as damages suffered by family members such as loss of consortium.
How Does a Premises Liability Case Work?
At its core, a premises liability case relies on the notion that a building or property was unreasonably unsafe. The inverse of that argument is that the injured person must not themselves be to blame for their injuries. Finally, the injuries must be caused by the incident and cannot be preexisting.
Imagine that a person was injured due to a slip on an icy spot on a sidewalk leading into a supermarket. The injured person would have to show that the supermarket’s maintenance of the sidewalk was unreasonable and that a reasonable supermarket would have kept that spot ice-free. However, if the supermarket can show in response that there was a sign warning about icy spots, that the person was under the influence of alcohol at the time he slipped, and that the person was distracted by a conversation on his phone, the supermarket may be able to show that the injured person’s behavior was actually more of a cause of their injury than the ice. That back and forth comparison is called “comparative negligence” analysis, and the injured party must show that they were less than 50% at fault. In Mississippi, just because the plaintiff—the injured party—is partially at fault does not mean that they cannot recover for their injuries. In the example above, the injured party’s recovery would be proportionate to their degree of fault. Given the facts above, they may recover little or nothing.
Similarly, the injured party must show that the premises were the cause of the claimed injuries. For example, if the slip and fall in the above hypothetical case resulted in a broken leg, that would be a pretty clear-cut result. Of course, that assumes that the person who fell did not already have a broken leg when they walked up to the icy sidewalk. While that is a fairly clear example, back injuries, head injuries, and other strains and sprains are not as easily connected to a specific event. For example, a person’s back may be injured after a slip and fall, but the fall in question may have only aggravated a serious preexisting condition. The same is true for head injuries, which may be caused by a lifetime of sports-related trauma, only to be exacerbated by a fall. In those cases, proving that the symptoms you seek to be compensated for are caused by a specific incident can be quite challenging. A tremendous amount of time is often spent working with medical experts, who can help distinguish preexisting injuries from those caused by unsafe premises.
What Should You Do If You or a Loved One Has Been Injured on Another’s Property?
If you or a loved one was injured due to an unsafe condition on another’s property and suffered subsequent injury, you may have a viable premises liability claim. Let experienced counsel take care of preserving medical records, attaining expert diagnoses, and dealing with the opposing party’s attorney. These are important tasks that a personal injury attorney can handle for you.
Call the seasoned Mississippi Personal Injury Attorney at Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury. Contact us now at (800) 707-9577.
