Property owners and managers have a duty to keep their premises safe for visitors. When they fail to do so, accidents can occur, resulting in injuries that can have long-lasting physical, emotional, and financial effects. At J Madison Brooks III Attorney at Law in Greenville, Mississippi, we are dedicated to helping victims of unsafe property conditions understand their rights and seek the compensation they deserve through premises liability claims.

What Is Premises Liability?

Premises liability is a legal concept that holds property owners and occupiers accountable for injuries that occur on their property due to hazardous conditions. These cases can arise from a wide variety of situations, including:

• Slip and Fall Accidents – These are among the most common premises liability claims and often occur due to wet floors, uneven surfaces, or poorly maintained walkways.
• Inadequate Security – If a property owner fails to provide proper security measures, such as lighting or surveillance, and someone is injured as a result of a crime, the owner may be liable.
• Dog Bites – Property owners may be held responsible if a visitor is bitten or attacked by a dog on their property.
• Swimming Pool Accidents – Unsafe pool areas, such as those without proper fencing or supervision, can lead to serious or fatal accidents.
• Falling Objects – Objects that fall from shelves or structures and injure visitors can lead to premises liability claims.
• Structural Defects – Unsafe structures, such as broken stairs or malfunctioning elevators, can also lead to accidents and injuries.

Who Is Responsible in a Premises Liability Case?

In Mississippi, property owners or occupiers are typically held responsible for injuries that occur on their premises. However, the level of responsibility depends on the status of the injured person:

1. Invitees – Invitees are individuals who enter a property for the benefit of the property owner, such as customers in a store. Property owners owe the highest duty of care to invitees and must take reasonable steps to ensure the property is safe.
2. Licensees – Licensees are social guests or individuals who enter the property for their own purposes but with the owner’s permission. Property owners must warn licensees of any known hazards that are not obvious.
3. Trespassers – Generally, property owners owe a minimal duty of care to trespassers. However, they must not intentionally harm them, and there are exceptions when it comes to protecting children from hazards, such as an unfenced swimming pool.

Proving a Premises Liability Claim

To successfully pursue a premises liability claim in Mississippi, certain elements must be proven:

1. Duty of Care – The property owner owed a duty of care to the injured person based on their status (invitee, licensee, or trespasser).
2. Breach of Duty – The owner failed to maintain the property or address a hazardous condition, breaching their duty of care.
3. Causation – The breach of duty directly caused the injury.
4. Damages – The injured party suffered actual harm, such as medical expenses, lost wages, or pain and suffering.

Common Defenses in Premises Liability Cases

Property owners often use various defenses to avoid liability, such as:

• Comparative Negligence – Mississippi follows the rule of comparative negligence, which means that if the injured person contributed to their own injury, their compensation may be reduced proportionately.
• Open and Obvious Doctrine – Property owners may argue that the hazard was so obvious that the injured person should have noticed and avoided it.
• Lack of Notice – The owner may claim they were unaware of the hazard and did not have a reasonable amount of time to address it.

How J Madison Brooks III Attorney at Law Can Help

Premises liability cases can be complex and require a thorough understanding of Mississippi law. At J Madison Brooks III Attorney at Law, we are committed to helping injury victims build strong cases to seek the compensation they deserve. Here’s how we can assist:

1. Investigating the Accident – We conduct a thorough investigation to gather evidence, such as photographs, witness statements, and medical records, to support your claim.
2. Establishing Liability – Our team works to prove that the property owner breached their duty of care and that this breach caused your injury.
3. Negotiating with Insurance Companies – We handle all communication with insurance companies and fight for a fair settlement on your behalf.
4. Representing You in Court – If a fair settlement cannot be reached, we are prepared to advocate for you in court to achieve the best possible outcome.

If you’ve been injured due to unsafe property conditions in Greenville, MS, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. At J Madison Brooks III Attorney at Law, we understand the challenges you’re facing and are here to provide the legal support you need. Contact us today for a consultation to discuss your case and learn how we can help you protect your rights and pursue justice.