Over 100 Years of Combined Experience Protecting Injury Victims’ Rights
When a property owner fails to maintain safe conditions and you get hurt as a result, Mississippi law may entitle you to compensation for your injuries. Premises liability is a theory of negligence. It establishes the duty owed to someone injured on a landowner’s or occupier’s premises as a result of conditions or activities on the premises. At Chatham Gilder Howell Pittman, our North Mississippi personal injury attorneys represent individuals and families who have been harmed by dangerous property conditions. With legal roots in this community dating back to 1932, our firm provides the kind of personalized, trial-ready advocacy that insurance companies take seriously.
Why Choose Chatham Gilder Howell Pittman?
Premises liability claims require more than just showing you were hurt on someone else’s property. You need attorneys who understand Mississippi’s complex property liability framework and who are willing to take your case to trial if the insurance company refuses to offer fair compensation. Here is what sets our team apart:
- Legal legacy spanning back to 1932, making us one of the longest-running law practices in North Mississippi
- Over 100 years of combined attorney experience across personal injury, product liability, and wrongful death
- Multiple attorneys recognized by Super Lawyers, the National Trial Lawyers Top 100, and the Million Dollar Advocates Forum
- Attorneys licensed in both Mississippi and Tennessee, with admissions to the U.S. Supreme Court and federal appellate courts
- Free consultations and no fees unless we recover compensation for you
We are not a big box law firm. When you call our Southaven, Hernando, or Memphis offices, you speak directly with an attorney who listens, develops a strategy tailored to your situation, and fights for every dollar you deserve.
What Makes a Valid Premises Liability Claim in Mississippi?
To succeed in a premises liability claim in Mississippi, the injured party must prove several elements of negligence, including:
- Demonstrating that the property owner had a duty of care to maintain safe conditions
- The owner breached this duty through negligent actions or inactions
- The breach directly caused the plaintiff’s injuries
- Damages resulted from the injuries sustained
Understanding each of these four elements is essential to building a strong case. The first element, duty of care, depends on your legal status at the time of the injury. In Mississippi, premises liability is distinguished by the classification of the complaining party between invitee, licensee and trespasser. This classification system directly shapes what the property owner was required to do to keep you safe.
Visitor Classification and Duty of Care
Under Mississippi law, property owners owe a duty of care to different categories of visitors, which are typically divided into three groups.
Invitees are individuals who are invited onto the premises for business purposes, such as customers in a store or clients in an office. Property owners have the highest duty of care towards invitees, which includes conducting regular inspections, fixing potential hazards, and warning visitors of any known dangers. If you were shopping at a grocery store, visiting a restaurant, or entering a business for any commercial purpose, you are likely classified as an invitee.
Licensees are individuals who enter the property for social purposes or with the owner’s permission, such as guests at a party. Property owners are required to warn licensees of known hazards that are not immediately apparent or obvious, and must refrain from willful or wanton conduct that could injure them.
For trespassers, property owners generally owe a more limited duty, though Mississippi law still prohibits willful or wanton harm. One key exception is known as the “attractive nuisance doctrine,” which applies particularly to children. Under this doctrine, property owners may be held liable for injuries sustained by child trespassers if there is a hazardous condition on the property that is likely to attract children.
What Types of Accidents Lead to Premises Liability Claims?
Property owners across North Mississippi have a duty to keep their premises reasonably safe for visitors. When they fail, the resulting injuries can be severe. According to CDC WISQARS data from the National Center for Injury Prevention and Control, an average of over 7.8 million non-fatal emergency department visits for unintentional falls occurred annually across all ages in the United States between 2020 and 2023
However, premises liability claims include more than falls. Common premises liability claims our attorneys handle include:
- Slip-and-fall or trip-and-fall accidents caused by wet floors, uneven surfaces, or cluttered walkways
- Injuries from broken or missing handrails, stairs, or guardrails
- Dog bites and animal attacks
- Swimming pool accidents and drownings
- Inadequate security leading to assault or robbery
- Injuries caused by falling merchandise or structural defects
- Exposure to toxic chemicals or hazardous conditions
Each of these scenarios requires a thorough investigation to determine whether the property owner knew or should have known about the dangerous condition and failed to address it. Our attorneys work quickly to preserve evidence and document the scene before it changes or disappears.
How Does Comparative Fault Affect My Claim?
Mississippi is a pure comparative fault jurisdiction. A claimant 99% at fault may recover 1% from a responsible party. Damages will be diminished by the jury in proportion to the amount of negligence attributable to the injured person. This rule is codified under Mississippi law in MS Code §11-7-15 and applies directly to premises liability cases.
What this means for your case is significant. Even if the property owner argues that you were partially responsible for your own injury, you may still be entitled to compensation.
For example, if a jury finds that you were 30% at fault for not noticing a hazard and the property owner was 70% at fault for failing to fix it, you could still recover 70% of your total damages. Insurance companies often try to inflate your share of fault to reduce what they pay. Our attorneys push back against these tactics by building detailed, evidence-driven cases that establish the property owner’s primary responsibility.
What Is the Deadline to File a Premises Liability Claim?
The statute of limitations is a critical factor in premises liability cases. In Mississippi, the statute of limitations for filing a personal injury claim, including premises liability, is generally three years from the date of the injury. This means that an injured party has three years to file a lawsuit against the property owner or occupier. If the claim is not filed within this time frame, the injured party may be barred from pursuing legal action and recovering damages.
There are important exceptions to the statute of limitations. There are certain circumstances under which the statute of limitations may be extended or “tolled” in Mississippi. For instance, if the injured party is a minor at the time of the injury, the statute of limitations may be tolled until the minor reaches the age of majority.
Claims against a government entity carry stricter deadlines. The Mississippi Tort Claims Act waives sovereign immunity for certain acts to allow you to sue government entities when their negligence causes your injury. However, it comes with strict rules that don’t apply to claims against private parties. For instance, the MTCA caps damages at $500,000 per incident and requires you to meet much shorter deadlines and follow more complex procedures than in regular personal injury cases. Because these deadlines can be unforgiving, speaking with a personal injury attorney as soon as possible after your injury is essential.
What to Expect When Working With Our Firm
From the moment you contact us, our team handles your premises liability claim with the personal attention and careful preparation that complex injury cases demand. Here is what the process typically looks like:
- Free consultation. We listen to what happened, review any evidence you have, and evaluate the strength of your claim at no cost to you.
- Investigation. Our attorneys gather photographs, surveillance footage, maintenance records, witness statements, and expert opinions to establish the property owner’s negligence.
- Medical documentation. We work with your medical providers to document the full extent of your injuries, including future treatment needs.
- Demand and negotiation. We present a comprehensive demand to the property owner’s insurance company backed by the evidence we have gathered.
- Litigation. If the insurance company refuses to offer fair compensation, we are prepared to take your case to trial. Our attorneys are accomplished trial lawyers who have secured multiple million-dollar verdicts and settlements for injured clients.
Throughout this process, you deal directly with your attorney. We do not hand cases off to paralegals or assistants.
Talk to a North Mississippi Premises Liability Attorney Today
If you or someone you love has been injured on another person’s property in North Mississippi, do not wait to get legal guidance. The sooner you act, the better your chances of preserving critical evidence and meeting filing deadlines. Contact us today to schedule a free consultation at our Southaven, Hernando, or Memphis office. There are no fees unless we recover compensation for you.
Frequently Asked Questions About North Mississippi Premises Liability Claims
What compensation can I recover in a premises liability case?
Depending on the severity of your injuries, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and other related losses. If the injury results in a long-term disability or disfigurement, compensation may also cover future medical care and reduced earning capacity. Our attorneys evaluate every aspect of your damages to pursue a full recovery.
Can I file a claim if I was injured on government property?
Yes, but the process is more complex. All actions brought under the Mississippi Tort Claims Act shall be commenced within one year after the date of the tortious, wrongful or otherwise actionable conduct. You must also file a written notice of claim with the appropriate government official at least 90 days before filing suit. Note that the notice of claim itself must be filed within the one-year statute of limitations, as it is a condition precedent to any suit under the MTCA. Because the deadlines and procedures are significantly stricter than standard claims, working with an experienced attorney is critical.
Do I have a case if I did not report the accident right away?
You may still have a valid claim even if you did not report the accident immediately. However, prompt reporting and evidence preservation strengthen your case significantly. Photographs of the hazard, witness contact information, incident reports, and medical records all help establish the property owner’s negligence. Contact our firm as soon as possible so we can begin gathering evidence while it is still available.
