Premises liability is a major cause of action used in personal injury lawsuits. When disaster strikes and an accident happens, there is always a chance that it could occur on somebody else’s property. When this occurs, the property owner could be held liable for damages.
If you or a loved one were injured while on another person’s property, you might be entitled to compensation for your injuries. But seeking legal recovery without the assistance of an experienced personal injury attorney could be tricky, as complicated legal concepts and resourceful law firms and insurance companies could keep you and your relief efforts at bay. A Gautier premises liability lawyer might be able to review your case and help you determine how to move forward.
Premises liability cases occur someone suffers an injury on property owned by another person, party, or entity. Premises liability victims in Gautier may bring a lawsuit to recover damages for their injuries. There are many types of conditions and causes that invoke liability, such as:
Property owners might be legally responsible for injuries sustained on their premises if a plaintiff could show that the owner breached their duty of care, which caused their injuries. Generally, property owners have a duty to take reasonable care to maintain their property in a safe condition and prevent an unreasonable risk of harm to their visitors. For more information, contact a knowledgeable lawyer.
The duty of care may also vary for property owners depending on the type of visitor. Courts have created three distinct groups of visitors that property owners owe different levels of care.
Invitees are defined as people who enter public or private property for the financial benefit of the property owner. Invitees might include patrons, shoppers, or people hired to do housework such as a plumber or electrician. Property owners owe a heightened duty to invitees. They have to warn invitees of known dangers, inspect the property for dangerous conditions, and exercise reasonable care to fix hazards and protect invitees from dangers.
Owners have a duty to refrain from willfully injuring licensees, the same as trespassers. But owners do owe a duty of care to licensees. Property owners must warn licensees of known dangers that would not be discoverable or obvious to the licensee. Typical examples of licensees would include social guests, family, and friends the owners give implied or express permission to enter their house.
A trespasser is someone who enters another’s premises without license, invitation, or the right to do so. Property owners in Gautier are not required to protect trespassers from harmful conditions on their property. However, owners must refrain from willfully injuring them.
If someone is seeking damages for a premises liability injury in Gautier, they have to file their case within the Mississippi statute of limitations. A statute of limitations is a time frame imposed by the state that limits a plaintiff’s ability to bring a lawsuit. According to Mississippi §15-1-49, injured claimants must file their case within three years of the injury. If the plaintiff fails to meet the deadline and file their claim on time, they may lose their right to recover compensation. A seasoned premises liability lawyer in Gautier could review the facts of the case and ensure that the lawsuit is filed within the designated timeframe.
The struggle of recovering from an injury is often more than enough to deal with. Handling negotiations, depositions, or trials all by yourself could be counterproductive and overwhelming. A Gautier premises liability lawyer could lend a helping hand and help you tackle your legal recovery.
You could rest assured knowing that an attorney is working hard to help you succeed. Call today to schedule a consultation.