If you are on a property owned by someone else, you should expect that the property is reasonably safe. Unfortunately, being injured on someone else’s property is a common occurrence and can result in unexpected and sometimes severe consequences. Premises liability can manifest itself in many different forms but injuries stemming from this liability are usually based on the property owner’s negligence.
If you were injured on someone else’s property due to their negligence, you may be entitled to compensation under the law. Your most prudent move is to speak with a Southaven premises liability lawyer about your case. David E. Gordon, an experienced personal injury attorney is ready to help you seek justice.
Types of Injuries Arising from Premises Liability
Premises liability is a broad classification of accidents that happen when someone is negligently injured on another’s property. The following type of cases can be classified as premises liability cases:
- Dog bite cases
- Slip and fall cases
- Swimming pool injuries
- Poor maintenance or upkeep of the premises
- Leaks or other spills
- Injuries due to low lighting
- Inadequate security
- Snow or ice on a sidewalk or driveway
David can use his knowledge of Mississippi law to make a persuasive argument for compensation from the at-fault property owner.
Laws Governing Premises Liability in Southaven
There are many things to take into consideration when pursuing a premises liability claim, no matter what type of injury you have experienced. Some of the main aspects to consider before pursuing a claim are the statute of limitations and comparative negligence.
Statute of Limitations
The statute of limitations can vary from state to state, and sets out the amount of time that a party must commence legal proceedings. According to Mississippi Code, a person has three years from the date from the accident or from when the injury was first discovered, to bring a premises liability claim. If the person fails to bring a claim within that timeframe, they risk the possibility of not being able to pursue the claim at all. As such, an injured party needs to consult with a Southaven hazardous property lawyer before proceeding with a claim.
Comparative Negligence
Some laws impact the compensation that a client can recover if they are somewhat at fault in causing the injury. In Mississippi, the state recognizes comparative negligence. While this legal doctrine does not bar a client from recovering compensation if they have contributed to the injury in some way, it will potentially reduce the damages that they can claim. According to state law, if the injured party has also been negligent, then the money they are entitled to will be reduced by the percentage of their own fault.
Classification of Persons Entering the Premises
Mississippi law has classifications to describe the person who enters the property on which the injury occurred. A person who enters onto another’s property may be considered a trespasser, licensee, or invitee, and different care standards apply to each different classification. The different standards of care that apply to these classifications are as follows:
- For a trespasser, who is present without permission, the property owner must not willfully or wantonly injure the trespasser, otherwise they owe no other duty of care
- For a licensee, who is present on the property with express or implied permission, the owner will have a duty to warn the licensee of any known dangerous conditions
- For an invitee who has been invited on the property for the owner’s benefit or for their own benefit, the property owner must keep the premises in a reasonably safe condition and warn the invitee of any hidden dangers
As a result of these different categorizations, a liability claim is heavily determined by the facts. A local premises liability attorney can assist a client in determining which level of visitor they will be labeled and how that label might impact their legal claim.
Recoup Your Losses with a Southaven Premises Liability Attorney
If you have experienced harm due to a property owner’s failure to attend to dangerous conditions, you are entitled to seek compensation to the full extent of the law. Call a Southaven premises liability lawyer today to start the process of recovering from an injury. The Law Office of David E. Gordon can provide quality legal advice.
