If you or a loved one has recently been injured on private or public property in Tupelo, Mississippi, Richard Schwartz & Associates Injury Lawyers, P.A. is the advocate you can trust. Our Tupelo premises liability attorneys can evaluate your case free of charge to discover if you have sufficient reason to file a claim against a negligent property owner. After determining the extent of your damages, we can go to work fighting for your maximum compensation.
What Is Premises Liability?
Premises liability refers to the responsibility of property owners to ensure that their premises are safe for visitors. A property owner can be held responsible for injuries sustained on their property. This encompasses any property owner, including private homes, businesses, and even government-owned property. If you’ve been hurt on someone else’s property due to the owner’s negligence, you may have a case against the property owner for medical expenses, pain and suffering, or the wrongful death of a loved one.
Types of Slip and Fall Accidents and Injuries
A slip or fall may occur due to a variety of factors, including water, ice, debris, and uneven or broken walkways. A slip and fall accident can be classified in a number of ways:
- Trip and fall – You tripped and fell because a foreign object got in your way.
- Step and fall – An unexpected hole or another issue with the walkway caused you to miss your step and fall.
- Slip and fall – Wet or slick walkway conditions caused you to slip and fall.
Serious slip and fall injuries can result from these accidents, such as:
- Head injuries
- Neck and back injuries
- Broken bones
- Torn ligaments and tendons
Our Tupelo, Mississippi slip and fall lawyers advise you to follow these steps if you have been hurt in a slip and fall accident:
- Seek medical treatment. Seek medical attention as soon after your accident as possible for any injuries. Keep track of all medical records concerning the accident and the treatments you’ve received. You should also take photos of your wounds and note any changes in your condition.
- Report the incident. If you suffer a slip and fall accident, contact the owner of the property after receiving medical treatment. If your accident took place at a business where an incident report was filed, request a copy of the report for your records.
- Take photos and collect information. Take photographs of your accident’s location before the owner repairs the hazard that caused you to fall. It’s also critical to obtain contact information for anyone who may have seen your fall.
- Keep records. Keep a detailed record of the dates and times you were out of work, whether due to pain, sickness, or doctor appointments.
Following these steps and acquiring the correct information is vital for helping your lawyer prepare a strong case in your favor. The Tupelo slip and fall attorneys at Richard Schwartz & Associates are here to help with all your legal needs.
Our Tupelo Premises Liability Lawyers Know What Evidence to Gather
Let’s assume you’ve just had a slip and fall accident. Maybe it was a broken step on a staircase that was never repaired, a wet floor at the shopping mall, or some other circumstance that caused you to sustain an injury through no fault of your own. Considering you could end up with medical bills and other losses because of the accident, it’s critical to contact an attorney as soon as possible. Our attorneys are experienced at collecting the evidence needed to pursue these cases.
For over 40 years, the team at Richard Schwartz & Associates has assisted clients like you in Tupelo and surrounding areas with their legal needs. As a result, they know it’s important to question people before they forget crucial details, gather critical evidence before it’s lost, take photographs of your injuries, and access your medical records. In addition, if your accident happened in a public space, we’ll obtain a copy of the accident report.
What Properties Are Included Under Mississippi Premises Liability Laws?
The good news is that Mississippi premises liability claims can apply to both public and private property.
Our firm knows how to seek compensation for injuries incurred at a variety of locations, such as:
- Shopping malls
- Grocery stores
- Nursing homes
- Parking structures
- Swimming pools
- Apartment complexes
- Office buildings
Who Is Liable for Your Slip and Fall?
Under the law, both public and private property owners are responsible for keeping it safe, well-maintained, and secure. The property’s condition at the time of your fall may influence whether or not the owner is held responsible for your slip and fall injury.
For instance, if your accident was caused by uneven steps, loose stair handrails, a cracked sidewalk, or an inadequately cleared walkway, the property owner may be held responsible.
If the property’s condition posed a constant or long-term danger, such as cracked concrete sidewalks that were never fixed or severe potholes in a parking lot that were never filled, the property owner might be held responsible for your injuries.
If a property had temporary risks, such as an icy walkway or a recently mopped lobby with no caution signals, the owner might be held responsible for your injuries if they had sufficient time to discover the problem and fix it.
In the end, there are a variety of elements to consider while determining who is responsible for your slip and fall injury. This is why it’s critical to contact an experienced legal expert as soon after your accident as possible.
A dangerous condition is one that an ordinary person would not expect and one that poses an unreasonable risk of harm to those on the premises. This implies that it was not a foreseeable risk. A dangerous situation occurs when slippery spills on a supermarket floor go unaddressed by management. Broken steps in an apartment building are another example. When you go up the stairs to your unit, you expect them to work properly. What if they give way and you fall because the owner hasn’t fixed the problem? This is a dangerous condition.
Knowledge of the Dangerous Condition
The property owner has to have knowledge of the dangerous condition and an adequate amount of time to remedy it. If the owner had been put on notice or the dangerous condition had been present for long enough that the property owner should have known about it, they could be held liable for your injuries.
Failure to Protect or Warn
You must show that the manager or someone in charge of the premises was negligent in not warning or protecting the general public from the hazardous situation. That is why store employees are quick to respond with “Clean up on aisle five!”
What Is Comparative Negligence?
The legal framework for slip and fall claims in Mississippi is based on the state’s comparative negligence system. This implies that even if you were somewhat at fault for the mishap, you may still bring a case and receive compensation. The court will determine what percent of the accident was your fault, and your payment will be reduced by that amount.
Can Your Landlord Be Sued for a Slip and Fall Accident?
What if you experience a slip and fall accident in your apartment complex, injuring yourself? It’s possible you’ll be able to sue your landlord depending on the particular circumstances of the accident.
In most situations, a landlord is responsible for keeping all common areas of a property in a safe condition. If a landlord is aware of an unsafe condition on the premises and fails to correct it, the landlord may be held responsible for any harm caused by that condition. This is based on the circumstances of the case. Courts will examine factors such as the duration of the hazardous condition and the severity of the condition to make a determination.
In certain cases, landlords may be held responsible for slip and fall accidents on the premises of a renter. The landlord must notify a new tenant of any known problems with the property when they move in. If a landlord does not disclose defects that the tenant could not discover on a reasonable inspection of the property, they may be held responsible if a slip and fall accident occurs.
A landlord may also be held responsible for slips and falls that occur on a tenant’s premises as a result of a building code or ordinance violation.
Who Is Liable if You’re Injured at an Airbnb?
Airbnb lodgings are a popular choice for travelers who want to avoid large hotels and other more conventional lodging options. It’s often more cost-effective to stay in homes and other properties advertised on the service than to stay in hotels. This is a unique and thrilling way to spend your holiday, but it raises some key issues, such as what happens if you or someone in your group is injured at someone else’s property? Whose insurance policy covers your slip and fall incident? Do you hope your host’s homeowners’ or renters’ insurance covers commercial activity? Can you trust them to have enough coverage?
It turns out that Airbnb has excellent protection for guests. Host Protection Insurance is an insurance policy offered by Airbnb that protects hosts while their guests stay with them. It provides $1 million in coverage per stay. If you become hurt on a host’s property, you may be able to seek compensation for your medical bills and other costs from the Airbnb insurer.
That million-dollar per occurrence insurance policy covers bodily injury and property damage. So, for example, if you stay at an Airbnb listing and slip on a rug and hurt yourself, you can make a claim against the company’s insurance. You will also be covered if your child trips and falls down the stairs. And, according to Airbnb, if you’re injured at a gym on the premises of an apartment that’s listed on Airbnb, the company’s insurance would cover it. However, they also state that the insurance doesn’t cover product liability claims, asbestos claims, or Chinese drywall allegations.
If you or someone close to you was injured while staying at an Airbnb, get a free, no-risk case evaluation from our attorneys right now. Our experienced slip and fall lawyers may be able to assist you in obtaining the compensation you deserve.
What Is the Statute of Limitations?
In Mississippi, you have three years from the date of an accident to bring a personal injury claim against the liable party. This period begins the day the accident occurred. To preserve all relevant evidence and medical testimony, it is critical to start your claim as soon as possible. Getting the process started right away also means recovering the funds you need to care for your injuries and restart your life quickly.
Contact Our Tupelo, Mississippi Slip and Fall Attorneys
A slip and fall accident might be extremely costly to your quality of life. Our staff of seasoned Tupelo, MS slip and fall attorneys at Richard Schwartz & Associates wants to assist you in regaining your well-being and financial stability after a slip and fall injury.
If the property owner or another person is to blame for your slip and fall accident, you may be able to recoup any money you’ve spent as a result of your injuries. Medical expenses, anticipated future medical treatments, missed earnings, and pain and suffering are all examples of damages that might be compensated.
Don’t put off getting expert help from our slip and fall attorneys. Our knowledgeable lawyers at Richard Schwartz & Associates will fight for your rights by establishing the property owner’s liability and assisting you in obtaining the most compensation available by law.
Get a FREE consultation with our Tupelo, Mississippi slip and fall lawyers today to discuss the details of your claim.