When a loved one is tragically lost due to violence at an apartment complex, hotel, shopping center, or workplace, families often ask: Could this have been prevented? In many cases, the answer is yes. Under Mississippi law, property owners have a legal duty to provide reasonable security measures to protect residents, guests, and customers. When they fail to do so—and that failure leads to a fatal assault, shooting, or other violent act—they can be held liable through a wrongful death lawsuit.
At Barrett Law, PLLC, attorney Jonathan Barrett has spent decades helping Mississippi families pursue justice after preventable tragedies. We represent clients across the state, from Jackson and Gulfport to Hattiesburg, Oxford, and beyond. If your loved one died due to negligent security, we are here to help you understand your rights and take action.
Understanding Wrongful Death and Negligent Security in Mississippi
A wrongful death occurs when someone dies due to another party’s negligence, recklessness, or intentional act. In the context of negligent security, this means a property owner failed to take reasonable steps to prevent foreseeable criminal acts—such as assaults, robberies, or shootings—that resulted in death.
Examples of Negligent Security Leading to Wrongful Death:
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An apartment complex with a history of break-ins fails to install adequate lighting or security cameras, leading to a fatal assault.
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A hotel ignores previous incidents of violence and does not hire security personnel, resulting in a guest’s death during a robbery.
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A shopping mall neglects to repair broken locks on entry doors, allowing unauthorized individuals to enter and commit a deadly attack.
In each of these scenarios, the property owner’s failure to provide reasonable security measures may constitute negligence, making them liable for resulting deaths.
Who Is Affected and How Barrett Law Can Assist
Victims of wrongful death due to negligent security often include:
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Residents: Individuals living in apartments or housing complexes where security measures are inadequate.
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Guests: Visitors to hotels, motels, or private residences lacking proper security protocols.
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Customers: Patrons of businesses such as malls, stores, or restaurants where safety measures are insufficient.
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Employees: Workers in environments where employers fail to provide a secure workplace.
Barrett Law, PLLC, assists families by:
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Conducting thorough investigations into the circumstances surrounding the death.
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Identifying lapses in security measures and establishing property owner negligence.
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Filing wrongful death claims to seek compensation for funeral expenses, loss of income, and emotional distress.
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Advocating for policy changes to prevent future incidents.
Legal Obligations and Statutes in Mississippi
Under Mississippi Code § 11-7-13, a wrongful death claim can be filed when a death is caused by “any real, wrongful or negligent act or omission.” This includes situations where inadequate security measures contribute to a fatal incident.
Property owners have a duty of care to maintain safe premises. Failure to implement reasonable security measures—such as proper lighting, functioning locks, and surveillance systems—can be considered a breach of this duty.
It’s important to note that Mississippi’s Landowners Protection Act (Miss. Code § 11-1-66.1) provides certain immunities to property owners. However, these protections do not apply when the owner’s negligence contributes to the injury or death.
Practical Steps for Families Considering Legal Action
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Document Everything: Gather all relevant information, including incident reports, medical records, and communication with property management.
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Consult an Attorney: Seek legal advice promptly to understand your rights and the viability of your claim.
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Avoid Direct Negotiations: Refrain from discussing settlements with insurance companies or property owners without legal representation.
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Act Promptly: Be mindful of the statute of limitations. In Mississippi, wrongful death claims must generally be filed within three years of the date of death.
Mississippi Wrongful Death Frequently Asked Questions
Who can file a wrongful death lawsuit in Mississippi?
Under Mississippi law, the following individuals may file a wrongful death claim:
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The surviving spouse.
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Children of the deceased.
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Parents of the deceased.
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Siblings of the deceased.
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A personal representative of the deceased’s estate.
What compensation is available in a wrongful death claim?
Compensation may include:
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Funeral and burial expenses.
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Loss of income and benefits.
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Loss of companionship and consortium.
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Emotional pain and suffering.
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Punitive damages in cases of gross negligence.
How is negligence established in these cases?
Negligence is established by demonstrating that the property owner failed to implement reasonable security measures, and this failure directly contributed to the death.
Does the presence of a security company absolve the property owner of liability?
No. Property owners are responsible for ensuring that any hired security services are competent and effective. Failure to oversee or properly vet security personnel can still result in owner liability.
What is the statute of limitations for wrongful death claims in Mississippi?
Generally, wrongful death claims must be filed within three years of the date of death. However, if the death resulted from an intentional act, the timeframe may be shorter.
Can multiple family members receive compensation?
Yes. Mississippi law allows multiple eligible survivors to share in the compensation awarded through a wrongful death action.
Is it necessary to prove that the property owner intended harm?
No. Wrongful death and negligent security claims are based on negligence, not intent. The focus is on what the property owner failed to do to prevent foreseeable harm.
What if the deceased was partially at fault?
Mississippi follows a comparative negligence rule, meaning compensation may be reduced by the percentage of fault attributed to the deceased but is not necessarily barred.
Will my case go to trial?
Many wrongful death claims are settled out of court. However, if a fair settlement cannot be reached, the case may proceed to trial.
How much does it cost to hire an attorney for a wrongful death case?
Barrett Law, PLLC, works on a contingency fee basis—you pay nothing unless we recover compensation for your family.
Jonathan Barrett Fights for Mississippians – Call 24/7/365 at (601) 790-1505 to Receive Your FREE Consultation
If your loved one died due to negligent security at an apartment complex, hotel, shopping center, or workplace in Mississippi, you have the right to seek justice. Attorney Jonathan Barrett and the team at Barrett Law, PLLC, are committed to holding property owners accountable and securing the compensation families deserve.
We represent clients throughout Mississippi, including Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon.
Call us anytime at (601) 790-1505 for a free, confidential consultation.
