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Premises Liability / 10.29.2018

Injured on Someone Else’s Property: Who Is at Fault?

Property owners have a responsibility to keep visitors on their property safe, whether private or public. If someone is seriously injured on another person’s property due to the owner’s negligence, that person could be considered at fault.

The key word here is “could.” Many people think that being injured on someone’s property automatically makes them responsible for injuries sustained. However, this isn’t necessarily the case.

Premise liability laws vary state to state. It’s important to know the exact laws in your state so that, if you are involved in a situation like this, you understand who is liable in any given circumstance.

Premise Liability Law

The State of Mississippi does not specifically leave the owner of a property the insurer of the safety of visitors. That means, in Mississippi, if you were injured on someone else’s property, that doesn’t necessarily make them liable for injuries that are sustained. Homeowners and business owners do have a legal obligation to warn visitors if there is any danger they should know about.

In order to prove fault, the injured party must prove that the business owner or homeowner acted negligently by failing to inform them of possible dangers. In cases such as these, it comes down to the individual facts and scope of the situation.

Some injuries are minor, maybe leaving someone with a bump on their head for a few days or a bruise on their legs. Other injuries can put people into the hospital, leaving them with medical bills, possible surgery fees, and out-of-work. It is in these cases that one may want to pursue a case of premise liability.

Common Types of Premise Liability Cases

There are a vast range of injuries that can occur on someone’s property and cases that can ensue following them. Common ones that occur due to the negligence of a property owner include:

  • Slip and fall accidents
  • Dog bites/attacks
  • Unsafe conditions
  • Improper maintenance
  • Inadequate security
  • Dangerous activities
  • Fires or explosions
  • Harmful substances
  • Swimming pool accidents

Since there are so many types of injuries that fall under the premise liability umbrella, it could be in your best interest to seek the help of an experienced personal injury attorney who can help you prove negligence following an accident.

Other Factors that Affect Liability

Premise liability can be a complex area of the law to navigate, and there are many nuances that could possibly affect a case. Some other factors that could be taken into consideration include whether:

  • The visitor was invited on the property or was on the property illegally. Sustaining an injury while trespassing on someone’s property could affect liability in a premise liability case.
  • The owner and visitor were both at fault. This is a common argument amongst parties of a liability case. While the owner has a legal obligation to inform the visitor of possible dangers, the visitor usually has a duty to act responsibly on their property.
  • The injured party was a child. An owner has different legal obligations to children on the property. Even if the child is not authorized on the premises, the owner is still obligated to give warning to the child.

Proving Negligence

It’s important to note whether the owner of the property gave any direct indication that there was a possible danger on the property. If not, it could make the owner liable for injuries sustained. There are also other ways that an injured party can help prove that the owner’s negligent actions resulted in injuries:

  • Take photos of what exactly caused the injury
  • Get names and contact information of witnesses who saw what happened
  • Seek medical attention immediately
  • Avoid giving statements to an insurance company, who can use what you say against you
  • Consult an experienced personal injury attorney

Sustaining injuries on someone else’s property can be difficult, especially if you know the owner of the property. However, the law is there to make sure that everyone stays safe. Proving liability in a personal injury case can seem overwhelming and challenging, but you don’t have to do it alone.

At Richard Schwartz & Associates Personal Injury Lawyers, P.A. , our seasoned attorneys and team of legal professionals have over 40 years of experience representing and advocating for personal injury victims in the state of Mississippi. Let us help you pursue the justice and compensation that you deserve.

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