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Everyone who leaves their home has some sort of mission. That mission can be to take the kids to school, do the weekly shopping at the grocery store, or head out for a fun night on the town. One thing that is never part of that mission is getting into an accident. When an accident occurs at someone else’s property, it will either be because of something you did or something the property owner failed to do. With an act of negligence, you are entitled to seek a remedy for any losses.
Seeking a remedy for a premises liability claim can be complex. No property owner wants to admit they harmed the visitors to their property. However, remorse is not an excuse for causing injury, especially when that injury leads to expensive medical bills and lost wages. In that scenario, you would benefit from speaking with the kind of experienced Biloxi premises liability lawyer working with Owen, Owen & Smith, PLLC.
We have been helping clients achieve settlements from property owners whose negligence created a hazardous environment that led to an injury. We understand how premise liability laws should be applied and the level of damages that are reasonable to seek. If you or someone in your family has been hurt on a property outside your home, we want to hear from you.
What is Premises Liability Law?
Premises liability comes down to a matter of the property owner’s responsibility. In legal terms, that is referred to as the duty of care. The standards for that care depend on the visitor’s legal status. When you step onto a property, you’ll typically be one of the two following categories:
Invitees
An invitee is someone who is invited onto a property with the intent of some type of business transaction. Every customer at a store, restaurant, movie theater, bar, etc., is an invitee. Even if that person doesn’t conclude the transaction, they still have that status.
Despite the name, you don’t have to be directly invited into a business to be an invitee. When a store opens, the invitation is implied. A property owner owes the highest duty of care to invitees. That translates into maintaining a reasonably safe environment, conducting inspections, and making any appropriate repairs to hazardous conditions right away.
Licensees
A licensee is someone who comes onto a property for non-commercial purposes. Even though you “invite” someone to your home for a party, they are considered a licensee. A property owner owes a warning of any potentially hazardous condition if they are known to the owner, such as a loose railing or icy steps.
The other category of visitor is “trespasser.” A property owner does not owe any duty of care, but they can’t set out to willfully harm them. You can set up a tall fence, but you can’t put down a bear trap on the other side to snag a trespasser.
Types of Liability and Hazards
What can go wrong when you visit someone’s property? Actually, quite a lot. If the property owner fails to make repairs or warn the invitees or licensees, they could be harmed in the following way:
- Slip and fall accidents
- Dog bites
- Violent physical and sexual assaults resulting from negligent security
- Swimming pool drowning
- Hit by a falling object
If you are injured on someone else’s property, you and your Biloxi premises liability lawyer must detail the conditions that lead to the injury. Here are some of the potential hazards that caused your injury:
- Debris, trash, and clutter that blocks access
- Negligent security or a lack of security
- Liquids on flooring and other slipping hazards
- Broken steps, stairs, and railings
- Elevators, escalators, and other mechanics that aren’t up to code
- Dog out of owner’s control

Hire a Premises Liability Lawyer You Can Trust
How Your Biloxi Premises Liability Lawyer Proves Fault
When you are injured on someone else’s property, you and your Biloxi premises liability lawyer need to prove they are at fault. Unlike a car accident, it is conceivable that the property owner won’t actually be on the property when you’re injured. That doesn’t absolve them of liability. It might make it harder to prove because that owner can claim, “I didn’t know what was going on.”
In order to prove liability, you need to establish who the at-fault party or parties are. Those can include the property owner, a manager, staff, or an authorized agent. You then need to establish the following:
- The at-fault parties created or allowed a hazardous condition to exist on their premises.
- The at-fault parties did not attempt to repair the dangerous condition.
- The at-fault parties did not warn visitors of the hazardous condition.
- You had express or implied permission to be on the property.
- You suffered an injury because of the breach of duty of care.
- The injury caused you economic and noneconomic losses.
While it might seem like a daunting task to prove each of those elements, the skilled attorneys at Owen, Owen & Smith, PLLC, are up to the challenge. We can gather the relevant evidence to support your version of what happened.
Damages to Seek in Your Claim
The impact of where you fell or were struck by a falling object is going to be the source of your injuries in a premises liability claim. You are entitled to seek full compensation for your economic losses. You are also entitled to ask for noneconomic compensation. This is what is contained in those two categories:
Economic Damages
Any amount that can be verified as directly related to your injury is an economic damage. Those can include the following:
- Immediate medical care
- Surgery and hospitalization (if applicable)
- Prescriptions
- Rehabilitation services
- In-home healthcare
- Loss of income
- Future earning capacity
Noneconomic Damages
Noneconomic damages are for losses that can’t be backed up by a bill but are nonetheless compensable. Those can include the following:
- Emotional distress
- Mental anxiety
- Pain, suffering, and inconvenience
- Loss of companionship
- Physical impairment
- Disfigurement
- Humiliation and injury to reputation
You and your attorney will work together to calculate what is reasonable and fair. For the sake of negotiations, you might ask for a higher amount, but you should always have an acceptable number.
If the insurance company and property owner don’t agree to that number, you might be forced to file a civil complaint. That would mean taking the at-fault parties to court, where you can present your story to the jury. This might prolong the process, but it could also be the best approach for getting what you are due.
Get the Right Support from Owen, Owen & Smith, PLLC
When you name someone as a defendant in a premises liability case, they have the right to deny the claim and assert that the accident was your fault. The Mississippi legislature has established the concept of contributory negligence for personal injury claims. That allows the defendant to present evidence that you were partially responsible for your injuries.
If they prevail, it could mean that your final settlement amount will be less than what you requested based on the percentage of assigned liability on your part. The attorneys at Owen, Owen & Smith, PLLC, are extremely familiar with these approaches. We know the evidence that is needed to bolster your narrative and convince the jury of who is to blame.
We wouldn’t take on a case if we didn’t think we could prevail. If you’ve been injured on someone’s property, you owe it to yourself to discuss what happened with our team. Call to set up a consultation today.