Home Personal InjuryDo I Have A Premises Liability Claim?

Do I Have A Premises Liability Claim?

Apr 28, 2016

If your injury happened in Mississippi, then a Jackson personal injury attorney from Richard Schwartz & Associates Injury Lawyer, P.A. can guide you through the claims process. We can gather evidence, structure your claim and handle settlement negotiations. To learn more, call our office today at 601-988-8888.

Until then, read on to learn more about premises liability in Mississippi:

Who Is Responsible for Your Injuries?

The responsible party is the person who controls the property – the person who manages the inspection, maintenance, and care of the premises. This is not necessarily the owner of the property – for example, if the property was leased to another person or entity.

In most situations, though, it is the owner’s responsibility to exercise reasonable care when maintaining the property. He or she must also notify visitors of any hazards on the premises.

There are several factors that the courts will consider when determining if the owner exercised reasonable care when maintaining the premises. These include:

  • A hazard existed that could harm others;
  • The inconvenience and cost of protecting others on the property;
  • If the property was kept in its current state despite a high risk of injury;
  • And if an individual benefitted from keeping the property in its current state.

In order to be liable for injuries, the owner of the property must have known about the hazard before the injury occurred. The owner could have learned about the hazard through either actual or implied notice, which means that he or she should have been aware of the threat due to the circumstances or facts of the situation.

If the owner directly created the hazard, then the courts may presume notice. If the threat was unavoidable, then the owner must have warned others of the risk.

There are several factors that can affect the outcome of a premises liability case – for example, whether the injury happened on a commercial or private property. The injured person’s purpose for being on the property is also important. For example, if he or she was trespassing, then the owner owes a lesser standard of care to that person than to someone who was invited to the property. However, if the trespasser was a child, then the owner may be liable for injuries.

When to Contact a Personal Injury Lawyer in Jackson, Mississippi

Your first priority after suffering an injury is to seek medical attention. A doctor’s report can tie your injury to the accident and help your attorney quantify the damages.

If you suffer an injury due to a clear hazard on another person’s property, then you should contact a personal injury lawyer as soon as possible. Your attorney can help you gather evidence and guide you through the claims process.

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Call Richard Schwartz & Associates Injury Lawyers, P.A. at 601-988-8888 or contact us online today.
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