Slip and Fall Attorney in Gulfport, MS

When Is a Property Owner Responsible for a Slip and Fall Accident?

Under the state’s premises liability laws, Mississippi property owners can be held legally responsible for slips, trips, and falls that occur on their properties in certain situations.

To file a personal injury claim following a slip and fall accident, you will need to prove several key elements:

• You Were Injured: First and foremost, you only have a claim if you were actually injured and/or suffered measurable damages for which you can seek compensation. Examples of common slip and fall damages include medical bills, lost wages, and pain and suffering.
• You Were Injured by a Dangerous Condition/Hazard: You will also have to prove that your injuries were the result of a dangerous condition or hazard on the property, such as an unmarked wet floor or defective staircase. To be considered “dangerous,” the condition has to be one that a reasonable person would know could cause foreseeable injury.
• The Property Owner Knew About (or Should Have Known About) the Condition: If the property owner did not know about the dangerous condition/hazard or had no way to know about the dangerous condition/hazard, you likely do not have a case.
• The Property Owner Failed to Take Reasonable Measures to Remove the Risk of Injury: To have a case, you will also need to prove that the property owner failed to take reasonable steps to remove, repair, warn of, or otherwise address the dangerous condition/hazard.
• You Were Lawfully on the Property: Your status as a visitor at the time of the accident/injury matters; if you were trespassing, you may not have a case. If you were lawfully on the property, however, you likely have grounds for a claim.
• Your Own Negligence Was Not the Sole Cause of the Accident: Under the state’s pure comparative negligence rule, you can still file a claim if you were partially at fault for the accident—but not if you were 100% to blame. Additionally, even if you were only partly to blame for the accident, your total recovery will be reduced by your at-fault percentage.

So, for example, you may be able to file a claim against the property owner if you tripped and fell in a cluttered aisle of a poorly lit retail store while shopping, resulting in you breaking your arm and suffering a concussion. If, however, you were injured on private property, and you did not have the property owner’s permission to be there, you could have a more challenging time recovering compensation for your resulting injuries and damages.