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Premises liability cases arise if you’re injured on another person’s property due to unsafe conditions.
In Mississippi, the law ensures that property owners and managers are held accountable for the safety of their premises. If you’re in an accident due to their negligence, you have the right to seek compensation for your injuries and damages.
A Gulfport premises liability lawyer helps victims navigate the complexities of the legal process, holding negligent property owners accountable.
Whether the injury occurs in a retail store, residential property, public space, or another setting, the experienced attorneys here at Owen, Owen & Smith, PLLC, are skilled in proving fault and securing fair compensation for our clients.
Understanding Premises Liability
Premises liability is a legal concept within the umbrella of personal injury law. It refers to property owners’ and occupiers’ duty to ensure their premises are reasonably safe for visitors. The scope of this responsibility typically depends on the type of relationship between the owner and the injured party.
In general, lawful visitors—such as customers, tenants, or invited guests—are owed a duty of care.
This means property owners must inspect their premises, address hazards promptly, and provide adequate warnings of any dangers that cannot be immediately resolved.
However, the level of duty owed may vary depending on the type of visitor. Business invitees, for example, like shoppers in a store or restaurant patrons, are owed the highest duty of care.
On the other hand, victims who trespassed on the property typically aren’t owed the same level of protection, though there are some exceptions, especially when children are involved in an attractive nuisance situation.
Common Types of Premises Liability Cases
Premises liability cases can involve a vast range of incidents and unsafe conditions. Slip and fall accidents are some of the most common reasons, especially when they result from wet floors, uneven surfaces, or poorly maintained walkways.
These incidents can lead to serious injuries like bone fractures, traumatic brain injuries, or spinal cord damage. According to the National Flooring Safety Institute, slips and falls make up about over 1 million emergency room visits each year.
Another frequent type of premises liability case involves poor or inadequate maintenance or upkeep.
For example, if a stair railing is broken, a building has a faulty elevator, or unaddressed structural problems, any of these can create hazardous conditions for visitors. In a similar scenario, negligent security cases arise when owners don’t implement safety measures to prevent foreseeable crimes, and this negligence leads to injuries caused by assaults, robberies, or other violent crimes.
Swimming pool accidents, dog bites, and exposure to hazardous substances are common scenarios in premises liability claims.
While every case is unique, the underlying principle remains the same: property owners are required by law to take reasonable steps to prevent harm to others on their premises.
Speak With a Premises Liability Lawyer
Proving Liability
Your attorney must establish several key elements to succeed in a premises liability case.
- They must demonstrate that the property owner or manager owed them a duty of care. This often depends on the nature of the visit, such as whether the individual was an invitee, licensee, or trespasser.
- You must show that the property owner failed in their duty of care by not addressing or warning you about a dangerous condition. This could involve proving that the owner knew or should have known about the hazard but didn’t take appropriate action to resolve it.
- Causation must be established. You must prove that the unsafe condition was the direct cause of your injury. For example, if you slipped and fell on a wet floor in a store, you’ll need to link your fall to the store’s failure to clean up or warn about the spill.
- Finally, you’ll need to provide evidence of damages. These can include medical expenses, lost wages, pain and suffering, and other losses that directly resulted from your accident.
A premises liability attorney will play a critical role in gathering evidence, building a strong case, and demonstrating these elements to secure you a favorable outcome.
How a Gulfport Premises Liability Lawyer Can Help
Navigating the legal system after a premises liability injury can be a frustrating and overwhelming experience, especially while you’re still dealing with the physical and emotional stress of recovery.
A skilled premises liability lawyer in Gulfport offers you and your family invaluable support and guidance throughout your case.
One of the primary roles of a lawyer is to conduct a thorough investigation of the incident that led to your injury.
This includes gathering evidence such as photographs of the hazard, witness statements, maintenance records, and surveillance footage. Your attorney will leave no stone unturned in building a strong case for you.
They’ll also handle all communication and negotiation with insurance companies and opposing parties, ensuring you’re not taken advantage of during the process. Insurance adjusters will often try to minimize payouts or shift the blame for your injury back onto you.
A lawyer knows how to counter these tactics and fight for maximum compensation.
If a fair settlement can’t be reached, your lawyer will be ready to take the case to court. They’ll offer compelling evidence and fact-based arguments that clearly show the property owner’s negligence and the impact of your injury.
Compensation in Premises Liability Cases
If you’ve been the victim of a premises liability incident, you could be entitled to compensation for a variety of damages.
These damages typically include your medical expenses, such as hospital bills, surgeries, and physical therapy. Wages that you’ve lost or any diminished earning capacity may also be recoverable if the injury impacts your ability to work.
On top of the economic damages, you can seek compensation for noneconomic losses, like pain and suffering, emotional trauma, and losses to your enjoyment of life.
Of course, the exact amount of compensation you’re due will depend greatly on the circumstances of your case, including how severe your injury is, the level of negligence you suffered, and the impact it’s had on your life.
Your premises liability lawyer will fight to make sure that you get the full compensation you need and deserve to cover your damages.
Common Challenges
While premises liability cases can result in significant compensation for victims, they are not without challenges. Property owners and their insurers often put up a strong defense to avoid liability.
Often, they’ll argue that you share some or all of the fault for the accident because you didn’t pay attention to your surroundings or ignored posted warnings.
The reason for this tactic is that Mississippi follows the pure comparative negligence rule, meaning that the amount of compensation you get can be reduced by your percentage of fault. In other words, if you’re found to be 20% at fault for their injury, your compensation will be reduced by 20%.
An experienced lawyer will know how to counter these arguments and protect your rights.
Another challenge is proving that the property owner knew about the hazard. Your lawyer will use evidence like maintenance logs, prior complaints, or video footage to establish this knowledge.
Prompt action is essential, as evidence can be lost or destroyed over time.
We Are Ready to Handle Your Premises Liability Case
If you or a loved one has been injured because of unsafe conditions on someone else’s property, you must take action quickly. At Owen, Owen & Smith, PLLC, our legal experts can explain your rights, assess the strength of your case, and help you navigate the legal process.
When you hold a negligent property owner accountable, you’re not only securing the compensation you need and deserve but also helping to create a safer environment for everyone in the community.
Contact us today to take your first step toward justice and recovery. Our Gulfport premises liability lawyer is ready to help.