Slip and fall accidents can happen anywhere. You might be at a local grocery store, a friend’s home, or even a public park, and suddenly, take a tumble.
Who is liable for a slip and fall accident?
You need to know this information because it can make all the difference in securing the compensation you deserve.
Premises Liability in Mississippi
Slip and fall cases fall under the legal concept of premises liability. Under the law, property owners or occupiers must maintain their premises in a reasonably safe condition for those who visit. The property owner or manager may be held responsible if someone is injured because of an unsafe condition.
However, the property owner’s responsibility depends on the legal status of the injured person when they were on the property. There are three main groups:
Invitees
These individuals enter a property for the owner’s benefit, such as customers shopping at a store. Property owners owe them the highest duty of care to invitees. They must:
Inspect the property for hazards
Repair any dangerous conditions
Warn visitors of any risks
For example, if a customer slips on spilled soda at a local grocery store and the spill is left unattended for hours, the store may be liable.
Licensees
This group visits a property for their own benefit, but they have permission to be there. One example is a guest at a barbecue. Property owners must warn licensees about any dangers they know about that might not be obvious.
One example could be a guest trip on loose steps at a friend’s house in Jackson. If the homeowner knew about the issue but didn’t repair it or warn the guest, they could be held liable.
Trespassers
These persons enter a property without permission. In Mississippi, property owners generally owe no duty of care to trespassers except to avoid willfully harming them.
Your legal status at the time of the incident plays a role in determining liability for your case.
How Do You Prove Liability?
There are several factors that must be proven to make a successful slip and fall claim. These include:
A Hazardous Condition Was Present
You need to show that a dangerous condition existed on the property. This can include:
- Slippery surfaces
- Uneven flooring
- Broken sidewalks
- Icy walkways
The hazard must be something an ordinary person could not have reasonably avoided.
The Property Owner Knew (or Should Have Known) About the Hazard
Many times, liability often hinges on whether the property owner knew, or should have known, about the hazardous condition. This can be established in two ways:
- Actual knowledge: The owner or manager was directly aware of the danger. For example, a store employee saw a spill but did not clean it up.
- Constructive knowledge: The hazard existed long enough that the owner should have discovered it with reasonable care, such as by conducting routine inspections.
The Hazard Was Not Properly Addressed
Once aware of the hazard, the property owner must either fix the issue or provide adequate warnings, such as placing a “Wet Floor” sign after mopping. If they failed to do so, this negligence could make them liable.
Who Might Be a Liable Party?
While you might think that only property owners are responsible, liability can extend to others if they play a role in the accident. These parties may include:
- Property managers or tenants: Depending on lease agreements, if someone else manages or leases the property, they may share responsibility for maintenance and safety.
- Employees or staff: In commercial spaces, negligent employees, like those who fail to clean up spills, can make the business liable for injuries.
- Contractors or maintenance companies: Third parties hired to maintain the property, such as cleaning or snow removal companies, can be liable if their negligence creates hazards.
- Government entities: If a slip occurs on public property, such as a sidewalk or park, the responsible government agency may be liable under the Mississippi Tort Claims Act. These cases are complicated, and there is a short window to take legal action, usually 90 days from the time of the incident.
If you’ve been injured in a slip and fall, you need to work with a local lawyer to help navigate these claims. Slips and falls are common personal injuries, but determining the liable party can be difficult.
If you would like guidance about taking the next steps, Owen, Owen & Smith, PLLC, offers free consultations.
