Jackson, MS Premises Liability Attorneys
Richard Schwartz & Associates
Will Take Care of You & Your Claim
Call 601-988-8888 If You Were Injured on Someone Else’s Property
When you visit someone else’s home or business, you expect to be safe from foreseeable hazards. This is not always the case, however. If hazards on another person’s property caused you injury, that person may be held responsible for your damages, such as medical bills, lost wages, reduced future earning potential, and pain and suffering.
Richard Schwartz & Associates Injury Lawyer, P.A. has helped Jackson residents obtain their full compensation through premises liability lawsuits. For more than three decades, our trial lawyers have guided injured individuals through the civil justice system, helping them get back on their feet after a life-changing accident. The National Trial Lawyers, American Association for Justice, Jackson Free Press, and Clarion Ledger, among others, have acclaimed us for our effective legal representation and trial skills. All it takes is one call to get in touch with a qualified legal professional!
What Is Premises Liability?
Premises liability is an area of the law that deals with the obligations a property owner has to lawful visitors: A landowner or occupier must ensure that their property is reasonably safe, and they have a responsibility to warn guests of any danger. This is called a “duty of care.” How much “care” they owe you will depend on your relationship to them.
Most injured parties in premises liability cases are invitees. According to Mississippi Code § 85-5-7, “an invitee is a person who goes upon the premises of another in answer to the express or implied invitation of the owner or occupant for their mutual advantage.” The key to this definition is “mutual advantage.” For instance, most businesses profit when customers visit their property. Since profiting is just as advantageous for them as shopping is for the customer, they will fall under this category. Any social visit will fall under this category, as well.
In Jackson and throughout the state, invitees are afforded the highest duty of care. If you are harmed by a dangerous condition as an invitee, the landowner or occupier will almost always be liable, especially if the condition was not clearly indicated.
Similarly, someone who enters a property for their own convenience, pleasure, or benefit, with the permission of the property owner, is considered a licensee. When you are a licensee, the property owner can be held liable if they willingly or wantonly cause you injury. If there is an increased hazard on the property, and that property is a business, the business owner’s liability may be covered by the Hoffman exception, which holds owners responsible for behavior that subjects the licensee to unusual danger. For example, if the owner of a shared workspace uses a harmful cleaning product while its licensees are inside, they will be liable for any illness or injury caused by their actions.
If you enter a property without invitation or other right, you are considered a trespasser by state law. To fulfill their duty of care, a property owner must only refrain from willingly or wantonly injuring you. Thus, if you are trespassing and you step on a nail, for example, you cannot hold the property owner liable.
Filing Suit Against a Negligent Property Owner
In premises liability lawsuits, plaintiffs must prove their relationship to the property owner and the owner’s accompanying duty of care. Then, they must demonstrate that this duty of care was not met. As you can see, these relationships and duties of care can be complicated, and establishing the presence of a danger caused by negligence is even more difficult.
This is where high-level advocacy comes into play. At Richard Schwartz & Associates Injury Lawyers, P.A., we offer proven and experienced counsel. Our seasoned attorneys are highly respected within their field and treat each and every client with compassion. Not only do we want to help you recover from your injuries, but we also want you to obtain peace of mind and financial security.