Slippery sidewalks can quickly lead to unexpected accidents and severe injuries. Causes may include icy or wet conditions or uneven surfaces, which are almost always the result of poorly maintained sidewalks. Property owners must do regular inspections and maintain their property, including the sidewalks, to prevent visitors from accidents leading to bodily harm.
Falls from slipping, tripping, or heights are a leading cause of severe injuries and emergency room visits each year. You have every right to expect them to pay if someone else’s carelessness caused you or a loved one to fall and sustain harm. An injury lawyer from the Law Office of David E. Gordon is seasoned in handling cases from sidewalk slip and fall accidents in Olive Branch and could fight for the fair compensation you deserve.
Establishing Liability
The lawsuit must establish the property owner’s liability to win compensation, which requires showing their negligent actions. Negligence is a failure to exercise the same reasonable care that prudent people would in the same situation. Property owners in Mississippi must conduct themselves in a manner that does not cause hazardous situations for people who enter the property.
That includes ensuring the sidewalks are safe and hazard-free. Examples of accidents resulting from negligence include:
- Uneven surfaces
- Sidewalk defects, such as cracks, potholes, and other damage
- Ice causing slippery walkways during the winter months
- Clutter and tripping hazards
- Hazardous sidewalk design
- Small bumps and curbs
One essential note is that people must protect themselves by avoiding apparent hazards. Property owners can assert the visitor knew or should have known of the risk and avoided the area.
Duty of Care and Visitor Type
The extent of property owners’ legal obligation to visitors depends on their reason for visiting the property. There are three primary visitor types, and those include:
Invitees
Invitees are people who enter the premises for business purposes that are mutually beneficial for the individual and the property owner. An example of someone in this group is anyone entering a mall to shop.
Licensees
Licensees also enter the property with the owner’s permission but are there for social reasons. Someone attending a dinner party or a neighbor stopping by to socialize would fall within this group.
Trespassers
Trespassers enter someone’s property for personal reasons and without permission from the landowner. Therefore, there is no legal duty or obligation to keep the area hazard-free for people within this group. An Olive Branch attorney skilled in handling injury cases resulting from sidewalk slip and fall accidents could help determine which category the individual falls within during a free consultation.
Deadline for Pursuing Legal Action
Personal injury legislation called the statute of limitations, sets a strict deadline for the time you have to pursue compensation for injuries caused by negligence. Pursuant to the Mississippi Code § 15-1-49, an injured person must file the lawsuit in civil court within three years of the day the accident happens.
Missing the cutoff date would mean losing eligibility to hold the negligent party financially accountable for their carelessness. A lawyer experienced with cases resulting from sidewalk slip and falls in Olive Branch could handle the legal paperwork and court filings to ensure compliance with the statute.
Speak to a Qualified Attorney About Olive Branch Sidewalk Slip and Fall Accidents
A fall can leave you with severe and life-altering injuries and permanent disabilities. When an accident happens because of a property owner’s thoughtlessness, you must hold them legally and financially accountable. While the statutes protect the public by allowing you to pursue action, the laws are complex, and many often require clarification and guidance.
David E. Gordon is a skilled lawyer with a background in helping clients collect fair compensation after sidewalk slip and fall accidents in Olive Branch. He will fight for your rights inside and outside the courtroom and help you reach a favorable outcome. Call today for a free consultation.
