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$528 Million Cruise Ship Accident Raises Issues of Proper Venue

While cruise lines provide one of the safest forms of transportation for travel and leisure, the Costa Concordia disaster has provided a wake-up call regarding the potential danger of a cruise ship accident.  The thirty-nine passengers that survived the tragedy when the cruise ship capsized have filed a lawsuit in a Florida court demanding $528 million dollars in damages.  The cruise ship accident victims are seeking $78 million in compensatory damages and $450 million in punitive damages.

The lawsuit was filed in Miami against Carnival Cruise Lines, Inc. and Costa Cruise Lines.  The lawsuit raises questions regarding the legal concept of venue because some legal experts suggest that the lawsuit should have been filed in Italy, which is the home of Costa Cruise Lines.  The ticket purchased by the cruise line accident victims also designated that legal claims had to be pursued in Italy.  One of the attorneys for the cruise ship accident victims argue that Carnival Cruise Lines, Inc. and Costa Cruise Lines are essentially the same entity in Florida and have offices in Florida.

Many personal injury victims do not understand the concept of venue, or why it is important in personal injury accident litigation.  Venue is the legal term for where it is geographically appropriate to file a lawsuit.  This can be a very important legal concept because a close proximity between the courthouse and where one lives or conducts business can make it much less costly to litigate a personal injury claim.  The issue can also be important because certain judges and juries may be more favorable to personal injury victims.  One might be inclined to file a car accident case with serious injuries in a blue collar community with a reputation for more generous personal injury verdicts than a high income area with a reputation for protecting big business.

Mississippi venue in civil personal injury litigation is governed by Miss. Code Ann. § 11-11-3.  Generally, a personal injury lawsuit must be filed in the county where the defendant resides.  If the defendant is a corporation, the personal injury lawsuit should be filed in the county that constitutes the company’s principle place of business.  However, there may be other options for where to file a Mississippi personal injury lawsuit.  The personal injury case may be filed where a substantial alleged act or omissions occurred or where a substantial event that caused the injury occurred. If you are in a collision with another motorist, for example, you could choose to file your lawsuit in the county where the accident occurred even if the other driver does not live in that county.  The experienced Mississippi personal injury attorneys at Barrett Law have been providing effective representation to Mississippi personal injury victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

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Anchorwoman Attacked on Live Television by Dog Receives 70 Stitches

We previously wrote an entry in this blog regarding a television news anchorwoman who was bitten in the face by a dog during an on air attack.  The woman has now been treated and information about her injuries and treatment reveal the serious injuries that may be caused by a dog attack.  The woman received seventy stitches to the face; she is unable to speak because her mouth had to be stitched shut.  The dog attack victim received stiches to her nose, lower lip and upper lip.  Her mouth was stitched shut to allow the skin graft to take hold as well as to let the blood begin circulating in her lips again.

This type of serious dog bite is not nearly as uncommon as many people might think.  The American Humane Association reports that there are approximately 800,000 dog bites per year that require medical treatment.  Children are particularly vulnerable to being the victim of a Mississippi dog bite.  Fifty percent of dog bite victims are children under the age of 12.  Children are not only more likely to be attacked by a dog but also tend to suffer more severe dog attack injuries.  A whopping 82 percent of dog bites that cause trips to the emergency room involve children under the age of 15 while 70 percent of dog bite fatalities involve children under the age of 10.

There are certain breeds of dogs that have a greater propensity to be vicious, and they tend to be involved in more serious dog attacks.  Because of this propensity, many cities in Mississippi have ordinances that limit or restrict ownership of certain breeds of dog.  This legislation called Breed Specific Legislation (BSL) most commonly targets pit bulls in Mississippi but also applies to Rottweilers and some other breeds depending on the city.

One reason children are disproportionately injured in dog attacks is that they lack the experience and knowledge of how to act safely around dogs.  Research has indicated that children who are educated by their parents about how to play with dogs and when to leave dogs alone are less likely to be involved in a dog attack.  It is never advisable to leave a small child unsupervised around someone else’s dog even if the child knows the dog.  Sometimes behavior that does not seem antagonizing to a child may cause a dog to react in unpredictable ways.

If you or someone you love is the victim of a dog attack, the experienced Mississippi dog attack attorneys at Barrett Law represent injury victims with compassion and diligence.  The experienced Mississippi personal injury attorneys at Barrett Law have been providing effective representation to Mississippi personal injury victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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Impact of Pre-Existing Conditions on Mississippi Personal Injury Cases

Many people develop back pain caused by arthritis or pain associated with a prior injury to the back.  Because the back is vulnerable to injury in a Mississippi motor vehicle accident or slip and fall accident, insurance carriers often offer evidence of a pre-existing back injury or condition as a defense that back pain was not caused by physical trauma from t a car accident.  Insurance companies are particularly likely to thoroughly comb through an auto accident victim’s past medical records for evidence of prior injuries or illnesses that may be the basis for current pain and disability when liability of their insured is fairly clear.

Any delay in seeking medical attention following an accident in a Mississippi slip and fall incident or motor vehicle collision may provide support for this defense.  Back injuries can cause excruciating pain and permanent disability.  Sometimes it can be difficult to diagnose or age a back injury so insurance companies will argue that an accident victim is trying to inflate the value of his or her car accident claim by blaming old injuries on a recent Mississippi car crash.

Fortunately, the law offers some protection to personal injury verdicts that have had pre-existing injuries aggravated by a Mississippi auto collision or other accident.  There is a basic saying that “tortfeasors take their victims as they find them.”  When the negligent, reckless or intentional conduct of a wrongdoer aggravates a pre-existing injury, the wrongdoer cannot avoid liability merely because the victim was particularly susceptible to a certain kind of injury.

If you have a heart condition like coronary heart disease that makes you especially vulnerable to a heart attack, for example, the defendant in a Mississippi personal injury case may be liable for causing extreme emotional distress that causes you to suffer a fatal heart attack even if your medical condition made you particularly susceptible to such an injury.  The same principle applies to back injuries where you have a pre-existing condition.  If a Mississippi car accident can be shown to have aggravated the condition, you may still recover for damages suffered to your back including pain and suffering, lost income, future partial or total disability, medical expenses and other damages.

While a medical expert may be required to testify that the impact and trauma from the fall or car accident aggravated the pre-existing injury, the law does not permit the defendant to exploit the fact that an injury victim was particularly vulnerable to the type of injury suffered.  The defendant cannot seek to avoid liability or reduce the amount of damages merely because the victim had a pre-existing condition that made the type of injury suffered more probable.

If you or a member of your family has been involved in a Mississippi car accident or suffered personal injury in another type of accident, the experienced Mississippi personal injury attorneys at Barrett Law represent injury victims with compassion and diligence.  The experienced Mississippi personal injury attorneys at Barrett Law have been providing effective representation to Mississippi personal injury victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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The Impact of Missing Critical Deadlines on a Valid Mississippi Personal Injury Claim

Many Mississippi personal injury victims are injured by the negligent or intentional acts of others in Mississippi car crashes, construction accidents, violent crimes and other incidents involving wrongful conduct.  What many people do not understand is the importance of timing requirements in pursuing a personal injury claim.  The law imposes strict deadlines for initiating legal actions.  When these deadlines are not met, it typically means that a claim will be completely barred despite the merits of the case.

An example is probably the best way to understand the critical role of these timing requirements on the viability of a personal injury claim.  A person is shot in the head by an armed assailant during a robbery and sues the assailant for personal injury.  The victim suffers traumatic brain injury and remains in a persistent vegetative state.  This is about as much of a “no brainer” as one can get in terms of liability (i.e. fault), and there is no argument that the intentional misconduct of the assailant was the cause of the shooting victim’s traumatic brain injury.  The shooting victim is a forty year old husband and father of three children who works as a neurosurgeon.  This type of claim typically would appear to be worth millions of dollars.

If a personal injury lawsuit is not initiated within the statute of limitations, however, the claim will virtually always be permanently barred so that the injury victim has no legal right to obtain compensation for his injuries.  Despite the tragic facts of this case, including a family left without the financial support of a bread winner or the loss of parenting and marital companionship, the court cannot make a “hardship” exception.  The statute of limitations is an absolute deadline that must be met and failure to do so cannot be excused based on fairness or even extreme hardship.

This is why it is essential to seek legal advice as soon as you are injured so that your Mississippi personal injury attorney has time to research the law, investigate the facts and file your claim.  Sometimes when personal injury victims delay in seeking assistance, personal injury law firms will decline to take a case because there is insufficient time to investigate the merits of the case and file a lawsuit without risking non-compliance with the statute of limitations.  The determination of when the statute of limitation expires can also be complicated by special rules that designate when the time starts or when it is suspended in certain situations (called “tolling”).

Some deadlines for pursuing claims related to torts (i.e. injuries caused by wrongful acts) are even shorter.  The statute for limitations for bringing a medical malpractice claim in Mississippi is only two years while a lawsuit for libel or slander must be initiated within a year.  There are other deadlines that may apply that shorten the time line for pursuing a claim for personal injuries.  For example, a public entity may fail to make remedial measures to an intersection that public officials know is unsafe and that has been the location of many collisions.  Generally, you will be forced to comply with special procedures including filing a Notice of Claim before filing a lawsuit against a public entity.  These time limits are much shorter than the statute of limitations and may be as short as only a few months.

If you have suffered serious injury caused by the misconduct of another, you should seek immediate legal advice.  Most personal injury law firms in Mississippi offer a free consultation with no obligation so that they can assess the value of your claim, and you can obtain information about your options.  The experienced Mississippi personal injury attorneys at Barrett Law have been providing effective representation to Mississippi personal injury victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

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Fight Over Implementation of Safety Improvements Designed to Prevent Train Crashes

While train collisions may not be the most common type of transportation accident, they can be horrific when they occur.  A devastating train crash in Southern California in 2008 resulted in 25 fatalities and injuries to another 125 people.  Similarly, South Carolina was the location of a railroad crash in 2005 in which a tanker transporting Chlorine was damaged causing the toxic chemical to be released.  Residents in the vicinity (5,400 people) had to be evacuated.  The crash also killed nine people and resulted in injury to 554 people.  What these railroad accidents have in common is that they were caused by human error – they were preventable.

In the wake of the California train crash, Congress passed the Rail Safety Improvement Act.  The law imposed a requirement that the rail industry install crash avoidance systems that override manual operation in the event of human error to avoid train accidents.  The technology referred to as Positive Train Control (PTC) can override manual operation and apply the brakes to a train to avoid a railway collision.  The Rail Safety Improvement Act imposed a requirement that PTC technology be added to 70,000 miles of train tracks by the end of 2015.  The railway tracks subject to the legislation are those used to transport passengers and/or toxic chemicals.

PTC technology operates by utilizing wireless communication, GPS and control centers to track the position and speed of trains.  The system can apply the brakes to a train when it detects an imminent train crash.  PTC can also prevent train derailments and prevent trains from entering the wrong track.

Some legislators in Congress have introduced a bill to roll back the requirement of the PTC as part of a larger anti-regulation campaign.  The bill would postpone the date of compliance until 2020 at the earliest and reduce the amount of track covered by as much as twenty percent.  Those who oppose the implementation of the Rail Safety Improvement Act argue that the cost is too high given the relative safety of trains and that the technology is still not ready for use.  Critics of current PTC technology argue that the technology can prevent head-on train crashes and side impact crashes but cannot prevent all rear-end train crashes.

However, the National Transportation Safety Board has identified twenty additional train accidents since 2001 that would have been prevented had PTC technology been in place.  Based on this data, PTC technology would have saved 53 lives and prevented almost a thousand injuries on top of preventing the California and South Carolina train accidents.

While it is still too early to tell what will happen, the reality is that train collisions typically result in serious injury and even wrongful death.  If you or someone you love has been injured or a loved one has died in a Mississippi train crash, the experienced Mississippi train crash accident attorneys at Barrett Law may be able to help you obtain the financial compensation to move past your tragedy.   The experienced Mississippi train accident attorneys at Barrett Law have been providing effective representation to Mississippi railroad accident victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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Dog Attacks NBC Anchorwoman On-Air: Important Lessons to Be Learned

Although dogs often are and loving pets, loyal watchdogs and even dedicated companions, these loving pets remain animal, which means that their behavior can be unpredictable.  When a Mississippi dog owner is not vigilant in keeping his or her dog under control or others are careless in the proximity of a dog, unpredictable animal behavior can lead to devastating injuries.  Anyone who is in the general proximity of an unfamiliar dog should be especially cautious.  T is a thing you is as big as a is an a in an as is his own will and will and will and him and him and him and him and him and him and him and him and him and him and him and him and him and him and him and him and him and him and him and him and him and you will with his or her own bills and him and him and him and him and him alone and well and him and him and him and him will him and him and him and him and his here is no way to know the dog’s temperament and the dog is likely to be nervous around someone with whom the dog is unfamiliar.

A recent incident involving a television news anchorwoman provides a telling example of what can happen when vigilance is not shown in the presence of an unfamiliar dog. An NBC anchorwoman was airing a feel-good segment about a dog that had been rescued from an icy lake by a fireman the previous day.  The dog named Gladiator Maximus, an Argentine mastiff, bit the anchorwoman in the face as she kneeled on the floor with the dog to get closer to it while petting the dog.  The live on-air dog attack resulted in the anchorwoman having her lip bitten off resulting in her being rushed to the hospital. Reconstructive surgery was required to reattach her lip.

The dog owner has been cited for a violation of the leash law for not having the dog under control during all times. A leash law violation can be the basis for imposing liability on a dog owner for injuries suffered in a dog attack incident based on the legal doctrine of negligence per se. The negligence per se doctrine in this context essentially imposes strict liability when a dog owner violates a leash law resulting in injury to a member of the community. When a court applies the doctrine of negligence per se, no independent evidence of negligence is necessarily required. The violation of the leash law ordinance provides the basis for finding of negligence provided the violation is the cause of injury to someone the ordinance was intended to protect.

While no indication has been made whether the NBC anchorwoman will pursue a dog bite civil litigation claim against the dog owner, it is possible that the insurance carrier for the dog owner may attempt to reduce any damages by pursuing a defense based on comparative negligence. The comparative negligence legal doctrine permits a court to reduce the amount of the damage award by the proportion of fault assigned to the plaintiff in causing their own injuries.

The basis of this defense has been by a dog expert who commented on the case.  “Basically, she did everything wrong,” Ron Berman, a canine behavior specialist, said. “She went up to a dog she didn’t know–who didn’t know her–and she either tried to kiss him or hug him or put her face too close to his face. He felt threatened and bit her.”

If a judge or jury were to determine that the anchorwoman’s conduct contributed to her own injuries, her recovery would be reduced by the degree of fault assigned to her. If the judge and jury were to determine that she was 20 percent responsible for her own injuries, for example, a damage award of $200,000 would be reduced to $160,000. Because the physical appearance of a television personality the can impact her career, the damages in a case involving permanent disfigurement could be substantial.

A vicious dog attack can result in permanent disfigurement and other debilitating injuries so it is important to be extremely cautious around dogs that you do not know well. If you or someone in your family is the victim of a Mississippi dog attack, our experienced Mississippi dog bite attorneys at Barrett Law provide diligent legal representation to Mississippi dog bite victims.

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Mississippi Bus Accident Frequently Asked Questions (FAQs)

While buses have historically provided one of the safest forms of transportation, there has been a slew of serious bus accidents during recent years.  While many of these accidents have involved rogue private bus companies, some notable bus accidents have also involved school buses.  Bus accidents can be the result of poor maintenance, improper training and supervision of drivers, bus drivers impaired by drugs or alcohol and other factors.  Because buses lack safety features like seatbelts and airbags, bus accident victims can suffer life-altering injuries including wrongful death.  We have provided answers to frequently asked questions regarding Mississippi bus accidents.

Isn’t being involved in a bus accident akin to being struck by lightning?

While buses have historically been one of the safest forms of transportation, there have been a fair number of significant bus accidents in recent years that have caused serious injury and wrongful death.  The problem has become so prevalent that federal regulators have considered changing regulations to increase inspections and make it more difficult for rogue bus companies to simply close up shop and re-open under another business name.

What is a common carrier?

A common carrier in this context is an entity that transports the general public as passengers for a fixed fee.

What legal duty do bus operators have to their patrons?

A bus is classified as a common carrier which means that they have a higher duty of care to safely transport their patrons than drivers of passenger vehicles.  The theory behind the higher standard of care is that passengers on common carriers have no ability to protect themselves from the negligence of common carriers.  Because a bus patron has no control over the maintenance or operation of a bus, it is appropriate to shift the liability for negligence in such matters to the bus company.

Are there special rules that apply to school buses or transit buses run by public entities?

Bus lines run by school districts or municipalities or other government entities may have some degree of sovereign immunity.  Sovereign immunity protects public entities, officials and employees from litigation when performing public duties.  However, most public entities waive this sovereign immunity to some degree based on tort claims acts.  These acts generally require a claim (e.g. notice) be filed with a public entity before any form of litigation is initiated.  The time limit for filing a claim with a public entity is usually shorter than the statute of limitations so it is important to seek legal advice immediately if you are injured in a bus accident.

Are bus accidents really an issue in Mississippi?

There have been some significant bus accident in Mississippi in the last several years with notable examples including:

  • Fatal School Bus Tractor-Trailer Collision (Feb 2011): Three people were killed when a tractor-trailer clipped one school bus and slammed head-on into another school bus.  The fatal school bus collision occurred at the intersection of Highway 8 and 9 in Calhoun County, Mississippi.
  • School Bus Logging Truck Collision (Dec 2011): A school bus collided with a logging truck in Southern Mississippi (Montgomery County) resulting in injury to twenty school children who were passengers on the school bus.  The logging truck collided with the side of the school bus causing it to rollover on its side.
  • Boy Struck While Trying to Catch School Bus (February 2011): A ten-year-old boy in Gulfport, Mississippi was struck and killed by a school bus that he was running alongside and trying to catch.
  • Fatal Collision between a School Bus and Commercial Truck (April 2011): One girl was killed and ten children injured in a fatal collision between a Boliver County, Mississippi Shaw District school bus and a commercial big rig.  Three other children suffered potentially life-threatening injuries.

While this list of Mississippi bus accident during the last year is hardly exhaustive, it shows both the seriousness and diversity of Mississippi school bus accidents.  If your child is injured in a school bus accident, you and your child may have a right to seek compensation from the school district and other drivers that contribute to your accident.  The experienced Mississippi bus accident attorneys at Barrett Law have been providing aggressive representation to Mississippi bus accident victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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Mississippi Bicycle Accident Frequently Asked Questions [FAQs]

Bicycles have long been a way for families to enjoy a fun excursion but cycling has increased in popularity as more people become concerned with expanding waistlines and cardiovascular health issues.  Tragically, urban planners have not kept up with the increased presence of bicycles, often placing cyclists at risk of being hit by careless or inattentive motorists.  Bicyclists enjoy the same rights to share roadways as cars, trucks and SUVs, but some motorists consider slower moving bicycles to be unreasonable obstructions and fail to treat cyclists with the same courtesy that they would extend to drivers of passenger vehicles.  When drivers of motor vehicles do not take reasonable care to obey traffic safety rules and pay adequate attention to their driving, the result can be devastating life-altering injuries.  We receive many inquiries from Mississippi cyclists that are involved in bicycle collisions that have questions about their legal right to seek financial compensation so we have provided some basic answers in this Mississippi bicycle FAQ.

What are the most common causes of Mississippi bicycle accidents?

While the vast majority of Mississippi bicycle accidents are caused by driving errors made by cyclists, bicycle accidents in Mississippi may also be caused by defective bicycle parts, such as chains that jam and brakes that malfunction or roads that are not properly maintained.  When riding a bicycle, a pothole or other road imperfection that may be unnoticeable to the driver of a motor vehicle can cause cyclists to lose control of their bike.  The most common causes of Mississippi bicycle accidents include the following:

  • Drunken drivers
  • Driver that fail to pay attention
  • Failure to check vehicle blind spots
  • Illegal left turns into cyclists
  • Potholes and other pavement defects
  • Vehicles that do not allow cyclists enough room
  • Speeding motorists
  • Unsafe lane changes
  • Red light runners
  • Bicycle product defects

How does the new bicycle passing law work?

The new law (SB 3014) requires drivers of motor vehicles to allow sufficient room when passing bicycles with the minimum distance being three (3) feet.

What special accident risks are posed to cyclists?

A bicycle is more likely to be involved in a collision with a motor vehicle because they are small and harder to see than other vehicles, and they are unstable because of their two wheel design.  Because bicycles offer no structural protection or other safety features, cyclists are particularly vulnerable to severe injury when struck by a motor vehicle in a Mississippi bicycle accident.

What is the legal impact of a bicycle helmet in Mississippi?

While some states have mandatory bicycle helmet laws for children, Mississippi has no mandatory bicycle helmet law.  However, bicycle helmets can provide vital protection to a cyclist head that may prevent traumatic brain injury.  Bicycle helmet use may also impact damages in a Mississippi bicycle accident claim because the insurance company for the driver may argue that a cyclist’s failure to wear a helmet was a form of comparative negligence.  This may be a factor in reducing a bicycle accident victim’s damages by the percentage of fault assigned to the cyclist.  The failure to wear a helmet would not be relevant if the victim’s injuries are not head injuries.

What types of compensation may a Mississippi bicycle accident victim seek for one’s injuries?

If you are injured in a bicycle accident you may seek both tangible economic losses as well as less tangible losses like pain and suffering.  Some of the damages you may have a right to seek if you are injured in a bicycle accident in Mississippi include medical expenses, lost past and future income, pain and suffering, impaired quality of life and marital relations and other damages.

While this article may answer some of your questions about Mississippi bicycle accidents, the best way to get more detailed information is to speak to an experienced Mississippi bicycle accident lawyer at Barrett Law.  The experienced Mississippi bicycle accident attorneys at Barrett Law have been providing aggressive representation to Mississippi bicycle accident victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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Mississippi Slip and Fall Accidents Frequently Asked Questions (FAQs)

Slip and fall accidents are often the result of commercial property owners that operate retail stores, supermarkets and eateries that fail to take reasonable measure to protect patrons from foreign substances on the floor or objects that block walkways.  Although some people assume that slip and fall accidents routinely result in relatively minor injuries, the reality is that many slip and falls result in life-altering injuries and even fatalities.  The elderly are particularly vulnerable to suffering serious injury in slip and fall accidents.  When pursuing compensation for a slip and fall accident in Mississippi, our experienced Mississippi slip and fall attorneys can carefully investigate slip and fall accidents to develop an effective litigation strategy for our slip and fall injury clients.  We have provided some answers to frequently asked questions about slip and fall claims.

If I am injured by an unsafe condition on another’s premises, am I entitled to compensation?

Many people presume that if they are injured by a hazard on the property of another, they can successfully pursue damages.  The reality is that there are many factors that impact whether you can successfully seek a legal claim for slip and fall accident.  Some of the relevant factors include the reason that you are on the property, the nature of the hazard, the duration of time the hazard has been present and other factors.  Generally, a property owner has a duty to keep his/her property in safe condition and to take reasonable measures to eliminate hazardous conditions on their property.

What are common causes of Mississippi slip and fall accidents?

  • Falls on wet freshly mopped floors without adequate warnings or barriers
  • Tripping over objects in the aisles of stores
  • Accidents resulting from tripping over barricades
  • Falls caused by failure to properly inspect and clean floors
  • Defective stairway accidents

 

Are most injuries in slip and fall accidents relatively minor?

There are approximately 300,000 slip and fall accidents annually that result in some form of “debilitating” injury.  The elderly are particularly susceptible to severe injuries in slip and fall accidents with almost two people per hour suffering fatal injury in a slip and fall accident.

What types of compensation is available in a Mississippi slip and fall accident?

When you are injured by the negligence of a property owner who fails to take reasonable measures to make their premises safe or warn of dangerous conditions, an injury victim may be able to recover both economic damages like lost income, lost future earnings and medical expenses as well as non-economic damages like pain and suffering, impaired enjoyment of life and other forms of damages.

Does someone’s purpose for being on the property of another affect their legal obligations to make the premises safe?

 

Generally, property owners have a greater duty to protect those on the property for a legitimate basis that benefits both parties than someone who is merely visiting as a social guest.  If a person is on the property to conduct business, provide maintenance or repair services, participate in a meeting of a civic organization or other purpose that benefits both parties, the property owner basically has a legal obligation to make the premises safe.  When someone is only a social guest, the property owner must warn or correct hazards that the property owner knows exist.

Can a property owner be liable for injuries suffered by a trespasser.

Generally, a property owner has the lowest level of responsibility to those who trespass.  A property owner may be liable for known hazards if the owner knows the trespasser is present on the premises.  The premise owner also may be liable if injuries are caused by traps designed to harm a trespasser.  A child trespasser also is treated differently.  Because children may lack the age and experience to appreciate hazardous conditions on the premises, property owners may be liable to a child that trespasses based on the attractive nuisance doctrine.  The attractive nuisance doctrine basically imposes liability on property owners for conditions that may be attractive but not appreciated by children.  The classic example is a swimming pool.

While this information may answer some of your questions about Mississippi slip and fall accidents, the best option for obtaining more detailed information is to speak to a Mississippi slip and fall attorney at Barrett Law.  Our Mississippi law firm understands the importance of careful investigation and discovery in slip and fall cases and works diligently to obtain the best possible result for our clients.  The experienced Mississippi slip and fall accident attorneys at Barrett Law have been providing aggressive representation to Mississippi slip and fall victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

 

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Mandatory “Black Boxes” in New Vehicles Could Ease Evidence Issues in Car Accident Lawsuits

Many people are familiar with onboard data recorders referred to as “black boxes” that offer critical information to investigators following a plane crash.  These black box data recorders also known as Event Data Recorders (EDR) provide information that can be invaluable in reconstructing the cause of a collision.  Federal safety authorities are considering making EDRs mandatory on new automobile sold in the U.S.  When a serious Mississippi auto accident occurs, it can sometimes be difficult to reconstruct what occurred in the mass of twisted metal.  The National Highway Traffic Safety Administration (NHTSA) is considering requiring an EDR feature for new cars that would store driving information and record a final snapshot in the event of a collision.

This requirement would make it much easier for those who suffer serious injury in a Mississippi car accident to establish the circumstances that caused their car accident.  There are many issues that are commonly disputed in personal injury litigation involving motor vehicle accident cases which an EDR might make it easier to establish including:

  • Sudden braking
  • Speed immediately prior to collision
  • Equipment failure or malfunction

The information provided by an EDR device installed on a vehicle involved in a Mississippi collision may provide critical evidence on fault and causation that permits an injury victim to obtain compensation for serious injuries.  When a vehicle occupant is involved in a Mississippi car accident, the medical and rehabilitative costs associated with catastrophic injuries may easily reach into six figures.  This type of life-altering injuries may also mean the loss of one’s ability to work and provide for one’s family.  Because of these enormous financial challenges, any strategy that preserves evidence to help properly establish liability for causing such injuries promotes fairness and justice.

The value of requiring black boxes in new motor vehicles will also continue to grow in value as more electronic components and systems are used by vehicle manufacturers.  Black box technology will provide a way to identify failure of such electronic components much like those that were suspected to be behind Toyota sudden acceleration accidents.  Because black box technology is not yet standard, there was enormous dispute over the cause of sudden acceleration accidents with Toyota claiming the cause was driver error or issues with floor mats while plaintiff’s argued that the cause was a product defect in the electronics of vehicles.

If you are injured in a Mississippi car accident, you may be entitled to financial compensation for your injuries.  The experienced Mississippi teen car accident attorneys at Barrett Law have been providing aggressive representation to Mississippi car accident victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

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