Do You Have a Slip and Fall Case? 3 Reasons the Property Owner is at Fault

Slip and fall accidents can happen anywhere, at any time. Whether it is at the grocery store, in a parking lot, or at a friend’s house, a simple slip and fall incident can turn into a life-altering injury in a matter of seconds. If you have been injured in a Mississippi slip and fall case, you may be wondering if you have a case.  The answer often depends on whether the property owner is at fault in a slip and fall.

The Morgan Law Group is a reputable personal injury law firm where slip and fall lawyers in Mississippi are dedicated to helping victims of slip and fall accidents get the compensation they deserve. In this article, we will discuss the basics of slip and fall cases in Mississippi and examine the circumstances under which a property might be held liable for your injuries.

Slip and Fall Law in Mississippi: Property Owner’s Duty of Care

Slip-and-fall cases fall under the broader area of law known as Mississippi premises liability. Premises liability holds property owners responsible for injuries sustained on their property if those injuries result from their negligence.

In Mississippi, property owners have a fundamental duty of care toward anyone who might lawfully enter their property. This duty of care entails the following:

1. Maintaining Safe Conditions – Property owners must ensure their premises are in a reasonably safe condition. This means eliminating foreseeable hazards that could cause harm to visitors.
2. Regular Inspections – It is not enough to fix hazards as they arise. Property owners must demonstrate active care by conducting regular inspections to proactively identify potential dangers like uneven flooring, loose railings, or spills.
3. Addressing or Warning of Hazards – Once a hazard is discovered, the property owner has a responsibility to either correct the hazard promptly or provide clear warnings.

In Mississippi, the level of care owed by property owners may vary, but failure to uphold the duty of care constitutes negligence and forms the basis of a slip-and-fall case in Mississippi.

3 Reasons Why a Property Owner May Be at Fault

1. Wet or Slippery Floors – Property owners should have protocols for inspecting floors routinely to identify and promptly address any spills or wet areas. Clear warning signs must be in place if the floor is wet from cleaning until the area is fully dry. Outdoors, owners need to use diligence in monitoring and removing snow or ice accumulation.

A slip and fall caused by wet or slippery floors could include cases such as a customer tripping on a puddle of soda in a grocery store aisle with no warning sign or a guest slipping on a wet bathroom floor at a restaurant where a plumbing leak has not been addressed.

2. Poor Maintenance – Regular inspections are crucial to discovering maintenance issues before they cause an accident. Proactive repairs and upkeep are required to protect lawful visitors.

A slip and fall caused by poor maintenance could include cases such as a shopper tripping over a torn section of carpet in a department store or a staircase collapsing due to a weakened wooden step that should have been replaced.

3. Inadequate Lighting – Owners must provide adequate lighting across their property, from aisles and store displays to parking lots and outdoor walkways. This is especially important in the evening and night hours.

A slip and fall caused by inadequate lighting could include cases such as a dimly lit stairwell with a burnt-out lightbulb or a shopper who stumbles over an obstacle in a dark area of a retail store.

If you have been injured in a similar situation, seeking legal advice from a Mississippi personal injury lawyer is crucial to assess whether you have a strong case and to help you obtain the compensation you deserve.

Property Owners in a Mississippi Slip and Fall Case

When it comes to slip-and-fall accidents, the responsibility lies with the individual or entity in control of the premises where the accident occurred. Here’s a deeper look at who might be considered the property owner in the context of Mississippi slip and fall law:

1. Homeowners – Whether it is an interior hazard like a loose rug or exterior danger like an icy walkway, homeowners must keep their property reasonably safe for guests, delivery workers, and potentially others.
2. Business Owners – Businesses of all types – from grocery stores and retail shops to restaurants and offices – have a heightened duty to protect customers and other lawful visitors. This usually includes more frequent inspections and more meticulous maintenance due to the higher level of foot traffic.
3. Landlords – Landlords owe a duty of care to ensure common areas (stairwells, parking lots, etc.) in a rental property are maintained in a safe condition. While responsibility for an accident within a tenant’s private unit normally falls to the tenant,  there are exceptions related to landlord oversight and repairs.
4. Government Entities – Slips and falls on government-owned or maintained property (public sidewalks, parks, government buildings) may make the government agency responsible and liable. However, these claims can be complex due to differences in procedural rules and immunity granted to some government entities.

Determining the liable party can be complex, especially in situations with shared responsibility or multiple occupants. An experienced Mississippi slip and fall lawyer will examine the circumstances of your accident to accurately identify all potentially liable parties.

How a Mississippi Slip and Fall Lawyer Can Help

Slip-and-fall cases can be complex and establishing the property owner’s fault may be challenging. That is why it is always wise to consult with experienced slip-and-fall lawyers in Mississippi. Skilled slip and fall lawyers can be instrumental in:

1. Establishing Negligence – Your slip and fall lawyer will build a strong argument about how the property owner failed to act reasonably and how their negligence resulted in your accident.
2. Negotiating Settlement – Slip and fall lawyers in Mississippi use their experience with similar cases and a keen understanding of Mississippi law to negotiate a fair settlement with insurance companies and liable parties.

If you believe you can prove a dangerous condition existed and that there is property owner fault in slip and fall, it’s strongly recommended that you consult with an experienced Mississippi personal injury lawyer. Contact The Morgan Law Group today to have your free consultation.