Jackson Premises Liability Lawyers
Pursuing Justice for the Injured
When you visit someone else’s home or business, you expect to be safe from foreseeable hazards. Sometimes, however, this is not the case. If you were injured by unsafe conditions on another person’s property, that person may be responsible for your suffering. In Mississippi, however, the owner of the property must have a “duty of care” to the injured person.
How much “care” a property owner owes you is dependent on your relationship to them.
Trespasser, Invitee, and Licensee
If you enter a premise without invitation or other right, you are considered a trespasser by the state of Mississippi. To fulfill their duty of care, a property owner must only refrain from willingly or wantonly injuring you. If you are trespassing and you step on a nail, for example, you cannot hold the property owner liable.
Someone who enters a premise for their own convenience, pleasure, or benefit, with the permission of the premise’s owner, is considered a licensee. When you are a licensee, the property owner can be held liable if they willingly or wantonly cause your 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.
Most injured parties in premises liability cases are invitees. According to Section 85-5-7 of Mississippi Code, “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 from their customers’ visiting their property. Profiting is as advantageous for them as shopping is for you, so they will fall under this category. Any social visit will fall under this category as well. In Mississippi, invitees are afforded the highest duty of care.
A landowner or occupier must ensure that their property is reasonably safe, and they have a responsibility to warn guests of any danger.
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.
Determining the Duty of Care
In premises liability lawsuits, plaintiffs must prove their relationship to the property owner and the owner’s accompanying duty of care, and then 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, P.A., we offer proven and experienced counsel. Our 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.
Don’t suffer at the hands of a negligent property owner, call us at (601) 869-0696 today – and don’t forget to request a free consultation.