Premises Liability

If you have been hurt as a result of a slip-and-fall accident, seeking immediate legal help is important to your ability to get compensation.

If businesses, stores and other venues like restaurants, shopping centers, and business offices, are not frequently inspected and maintained, patrons or visitors can endure slip and fall injuries. Premises liability accidents occur for an assortment of reasons and can cause serious injury or even death.

Slip and fall accidents can happen anywhere, at any time. The consequences of a slip and fall accident can be as serious as broken bones, hip fracture, spinal cord injury, or a traumatic brain injury. If you are injured in a slip and fall accident caused by a defective or dangerous condition on someone’s property, you have the legal right to sue the owner of the property and recover compensatory damages for your injuries and other losses.

At Boyce Holleman & Associates, we believe that property owners should be held fully accountable for the consequences of their negligence. We can represent you, hold the at-fault property owner accountable, and fight tirelessly to obtain the maximum possible settlement that adequately covers all your tangible and intangible losses.

At all times, our attorneys will be fully prepared to go to trial, which puts you in a strong negotiating position with the defendants. Contact us today to talk to one of our seasoned Gulfport, MS slip and fall accident lawyers.

Legal Duty of Property Owners under Mississippi Premises Liability Law

Premises liability is a legal doctrine under which private and public property owners have a duty to maintain their property in a reasonably safe condition. If they fail to do so, and if someone is injured as a result, they can be held liable for the injuries and other losses suffered by the victim.

Under the law, property owners in Mississippi are required to inspect their property on a regular basis, identify defective conditions and repair them, and warn visitors of potential safety hazards.

It should be noted that the doctrine of premises liability is not limited to slip and fall accidents alone. It’s also applicable to a wide range of other accidents including:

• Broken stairs, poor lighting, wet floors, or other hazards.
• Elevator and escalator accidents.
• Swimming pool accidents.
• Fires and explosions.
• Accidents caused by defective equipment on someone’s property.
• Vending machine tip-over accidents.
• Amusement part accidents.
• Accidents caused by falling or moving objects.
• Structural collapses.
• Construction site accidents.
• Dog bites.

To Whom Does a Property Owner in Gulfport, MS Owe a Duty of Care?

Under Mississippi premises liability law, property owners owe a duty of care only toward invitees and licensees.

An invitee is a person who visits a property on the explicit or implied invitation of the owner for a business-related or any other commercial purpose. Common examples of invitees include customers at a business establishment, salespeople, vendors, and contractors.

A licensee is a person who visits a property on the property owner’s invitation or with their consent for their own convenience or benefit. Common examples of licensees include friends, acquaintances, and social guests. 

Property owners in Mississippi do not owe any duty of care toward trespassers. Pertaining to this, there are two exceptions to this law.

A property owner cannot create an atmosphere of danger on their property in order to punish or hurt trespassers. If they do, they can be held liable for the resulting accidents.

If the property in question has what are considered ‘attractive nuisances’, the property owner has a duty to maintain a hazard-free environment to prevent child trespassers from getting injured. Common examples of attractive nuisances include trampolines, jungle gyms, swimming pools, old vehicles, and appliances like refrigerators and deep freezers.

Is Premises Liability Limited to Property Owners Alone?

No. In many cases, the owner of the property might not be responsible for its maintenance. For example, if a business owner rents or leases a commercial property, they are responsible for maintaining it as well (except for certain areas of the property that might still be under the control of the property owner). If someone is injured in a slip and fall accident, they might be able to sue the owner or the occupier – depending on where the accident happened.

Causes of Slip and Fall Accidents in Gulfport, MS

The most common causes of slip and fall accidents include:

• Icy patches
• Wet or slippery floors
• Loose rugs
• Loose or broken tiles
• Large cracks and holes on the floor
• Uneven and unstable surfaces
• Cluttered walkways
• Staircases with broken or missing steps
• Poorly lit stairways

Legal Elements to Prove in a Gulfport, MS Slip and Fall Claim

In order to establish the liability of the at-fault property owner or occupier, you need to prove the following elements.

Duty of Care

You were on the property lawfully (either as an invitee or as a licensee) and the owner or occupier in question owed you a duty of care.

Breach of Duty

The owner or occupier breached their duty of care towards you by failing to fix the defective or dangerous condition on their property or by failing to warn you about it.

Causation

The owner or occupier’s breach of duty led to the accident.

Damages

You suffered damages (physical injuries, trauma, property damage, financial losses, and more) in the accident.

What is the Value of a Slip and Fall Claim in Gulfport, MS?

The value of your claim depends on a number of factors including:

• How serious your injuries are.
• Whether you can make a full recovery by the time your claim is settled or whether you might need ongoing treatment and care.
• Whether your injuries are likely to result in physical or cognitive impairment.
• The amount of earnings you lost – and stand to lose in the future – due to your injuries.
• Whether your future earning potential is affected by your injuries.
• Whether your quality of life has been significantly or permanently affected as a result of your injuries.

Contact Our Reputable Gulfport, MS Slip and Fall Accident Lawyers Today

Slip and fall claims can be complicated to navigate and require the expertise of a seasoned slip and fall accident lawyer. At Boyce Holleman & Associates, we have a team of highly skilled personal injury attorneys who have decades of combined experience in handling slip and fall claims as well as a number of other premises liability claims.

Our Gulfport, MS premises liability lawyers bring unmatched legal knowledge, exceptional negotiation skills, and over 60 years of collective experience to the table and can get results that few other lawyers can.

Call us today at 228-863-3142 or use our online contact form to schedule a free, no-obligation consultation and case assessment.