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When you suffer injuries in a trip-and-fall, slip-and-fall, or dog bite incident, the repercussions can be dramatic. Victims often face excruciating pain, overwhelming medical bills, and time off work. In many cases, the owner or manager of the property where the incident occurred may bear legal and financial liability for your losses. However, proving fault in these cases can be complicated. The experienced attorneys at Chatham Gilder Howell Pittman can help you understand what is necessary to prove liability and recover the compensation you deserve.
What Factors Do Premises Liability Attorneys Consider When Proving Negligence?
When attempting to prove negligence in a premises liability case, an attorney will consider several key factors to build a strong argument on your behalf.
These factors may include the following:
Property Owner’s Knowledge of the Hazard
One of the most critical factors in proving negligence is demonstrating that the property owner either knew or should have known about the dangerous condition. Your attorney will investigate whether:
- The hazard existed for an extended period, giving the owner ample time to address it
- The owner received prior complaints or reports about the condition but failed to take action
- The nature of the hazard was such that the owner should have anticipated its existence through regular inspections and maintenance
Failure to Warn or Correct the Hazard
If the property owner knew about the dangerous condition, your attorney will seek to prove that they neglected to take reasonable steps to warn visitors or correct the issue. This may involve:
- Examining whether the owner posted signs, barriers, or other warnings to alert visitors to the hazard
- Investigating whether the owner made timely repairs or took other measures to eliminate the risk
- Assessing whether the owner’s actions were sufficient given the nature and severity of the hazard
The Differences Between Licensees, Trespassers, and Invitees
According to Mississippi law, visitors are divided into the following three categories based on the reason they’re on someone else’s property:
- Invitee: An invitee is someone who enters a property with the explicit consent of the property owner or tenant in a mutually beneficial manner. Common examples of invitees include shoppers at grocery stores and patrons at restaurants. Property owners owe invitees the highest duty of care. They must regularly inspect their premises and repair known hazards to keep invitees from coming to harm.
- Licensee: This is someone who enters a property for their convenience or benefit, rather than the mutual benefit of both the licensee and the owner. Common examples are social guests and salespeople. Property owners owe licensees the second highest duty of care and must warn them of known hazards on the property.
- Trespasser: Someone who enters a property without a license or other form of explicit permission is a trespasser. Property owners owe trespassers the lowest duty of care and must only avoid causing them deliberate harm.
What you were doing on the property at the time of your injury will consequently have an effect on the duty of care the property owner owed you and the way your attorney will approach your case.
Extent and Cause of Your Injuries
To prove that the property owner’s negligence led directly to your injuries, your attorney will gather evidence such as:
- Medical records and expert testimony establishing the nature and extent of your injuries
- Witness statements or surveillance footage showing how the incident occurred
- Evidence ruling out other potential causes for your injuries
By carefully examining these factors and gathering compelling evidence, your attorney can build a compelling case to prove the property owner’s negligence and liability for your injuries.
Take Action Today
If you or a loved one has been injured on someone else’s property, do not wait to seek legal help. Contact the trusted attorneys at Chatham Gilder Howell Pittman today for a free initial consultation. We’ll review your case, answer your questions, and help you understand your legal options. Call our offices in Southaven and Hernando at 662-222-0597 to get started on your path to recovery.
