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Understanding Premises Liability Claims

Understanding Premises Liability Claims

You're probably familiar with "slip and fall" cases where someone is injured in a fall in the supermarket and they sue the grocer. That type of personal injury claim falls under premises liability law. It operates under the idea that a property owner owes a standard duty of care to those who visit his property, and he can be held responsible when someone is injured on his property due to his failure to uphold this duty.

Premises Liability Claims

In Mississippi, a property owner or one who occupies property or land owes a limited duty to people who visit or work on their property. Mississippi law makes a distinction between a trespasser, a licensee, or an invitee. The owner should exercise reasonable care for those people who enter their property legally. Basically, this means that they should ensure that their property is safe and presents no obvious hazards that could cause harm. When a hazard exists they must correct it in a reasonable amount of time. Much of this is open to legal interpretation and must be proven in court.

Contributing Factors

There are specific circumstances that must be present when claiming fault under premises liability. Other issues may not be required, but they can give weight to your claim. These factors include some of the following.

  • You were injured on the premises due to some type of hazard or negligence.
  • You were on the premises lawfully as an invitee or a licensee.
  • The hazard must have been under the management of the owner or property manager.
  • The responsible party must have either known of the hazard, or the situation is such that he should have been aware of it.
  • The hazard wasn't brand new, so there would have been time for the owner or manager to take protective measures.

Other factors that can bearing is how long the hazard went unattended, whether the owner took any rudimentary measures to correct the problem, and if there were procedures in place to deal with potential hazards on the property.

Types of Premises Liability Claims

In addition to the slip, trip, and/or step and fall scenarios, there are many other common situations where premises liability applies.

  • Drowning, diving and drain entrapment injuries in swimming pools
  • Being assaulted on the property of another due to their negligent security practices
  • Injurious stairway falls due to missing railings and broken steps

If you have been injured or assaulted on someone else's property, you may be able to file a claim to recover damages. An experienced Mississippi personal injury lawyer can review the circumstances of your accident and help determine whether you have a claim. The sooner you contact a lawyer the better, as It's imperative that you quickly document the hazardous condition that caused your injury. Often, the property owner will immediately repair the problem after an accident. This makes it difficult to prove your claim when you have failed to document the previously existing condition.

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