A premises liability claim arises when a property owner fails to use reasonable care to ensure the safety of visitors on their land. However, proving a property owner’s negligence when filing a claim could be difficult without help from an Olive Branch premises liability lawyer.
If you were recently injured while on someone else’s land and believe the owner’s negligent conduct was responsible, it could be beneficial to speak with skilled personal injury attorney Davide E. Gordon for assistance in determining your legal options.
Establishing Fault in an Olive Branch Premises Liability Claim
Mississippi law holds property owners to a duty to provide a level of safety to visitors on their land. The violation of said duty could impose liability on the owner if someone is injured on their premises.
Types of Visitors
The type of visitor in question might determine the nature of a property owner’s legal obligation. Olive Branch law separates visitors into three categories — invitees, licensees, and trespassers.
An invitee can be someone who is engaged in a commercial transaction for the owner’s benefit, such as a customer at a grocery store, or a visitor to public lands, like a city park. A property owner owes an invitee the utmost duty of care, meaning they must regularly check the premises for potential hazards and remedy them or, at the very least, inform the visitors of any dangers.
Licensees are also legally authorized to be on the premises, but unlike an invitee, their presence is not typically beneficial to the owner. A party guest is a typical example of a licensee. A property owner owes a slightly different duty to a licensee than the one they owe to an invitee. This duty obliges the owner to make a licensee aware of dangers on the premises but does not compel them to inspect the land for potential hazards regularly.
Trespassers are visitors who are on the premises illegally, without the owner’s permission. Thus, the only duty a property owner has to a trespasser is to abstain from intentionally hurting them. An Olive Branch legal advisor who is well-acquainted with the state’s premises liability law could provide guidance in determining whether the property owner owed them a duty of care.
Common Property Negligence Claims in Olive Branch
Premises liability claims can arise from any number of hazardous conditions on a person or business’s property. Common examples of premises liability claims could include:
- Animal attacks
- Poorly maintained parking lots
- Trip and fall accidents
- Swimming pool accidents
- Wet floor incidents
- Broken stairways
Types of Compensation Available for a Premises Liability Case
There are a few compensation types that an Olive Branch legal representative could help a premises liability victim recover. The injured party could recover the economic value of damages from the property owner’s insurance company, such as medical bills and lost wages, as well as non-economic losses, like pain and suffering and emotional distress. In cases where the property owner acted with intent or gross negligence, punitive damages may also be available.
Deadline to File a Case
In the state of Mississippi, premises liability claims have a three-year statute of limitations (see Mississippi Code Annotated § 15-1-49). The three-year timeline generally starts on the date of the incident giving rise to the lawsuit. If the person does not file a claim by the close of the three years, they may be time-barred by the courts and unable to pursue compensation for their damages.
Contact an Olive Branch Premises Liability Attorney to Pursue Compensation
An Olive Branch premises liability lawyer can help to protect your legal interests from the outset of your case and provide the representation you need to pursue the best possible outcome to your claim. Attorney David E. Gordon can fight hard to ensure that the property owner is held accountable for their negligence. Schedule your free legal consultation with David today.