Premises owners owe the highest duty to maintain safe premises generally at all times and to correct any defects on the property. Premises liability cases are any kind of accident that happens as a result of negligence caused by a premises landowner, building owner. It could be a business that leases the property, but any type of injury that occurred on the land can be a premises liability case. The most frequent type of premises liability cases are called slip-and-fall cases, in which people fall as a result of defects on a property.
If you were injured on another’s property, let a skilled premises liability attorney help you seek compensation. Reach out to a local attorney to learn about the nuances of a Pascagoula premises liability case.
The most-common premises liability cases are in businesses, a more limited number of cases in which guests at the home of another are injured. Often, those are seen with regard to attractions such as swimming pools, playsets, and those sorts of things, but the large majority in terms of liabilities occur at businesses.
Liability in Mississippi is determined by whether the defect on the property was one that could have been easily corrected by the business owner. There is certainly an element of negligence involved in whether a reasonable person would have acted in a certain way to correct the defect in cases with regard to business owners. However, the business owner had to have an opportunity or should have known it had an opportunity to correct the defect.
The legal status of a visitor can greatly affect a premises liability case. There are many types of premises liability cases, and any injury that occurs on the premises falls into one of three categories, including invitee, licensee, and trespasser. The reason there are different classifications is that the duties of the premises owner to the public varies based on the type of status the person has.
A licensee will have substantially more rights than a trespasser, but not as many rights as an invitee, who will have the most rights. The different classification of that person will be extremely important.
A landowner owes slightly more duty to exercise reasonable care with regard to an invitee versus a licensee. An invitee is a person who is there at the invitation of another, usually defined as businesses that obviously want the public to come onto the property.
A licensee, somebody who generally does have an invitation to come on the property, but is not there for the purpose of transacting business. The best example of a licensee is usually a guest of another at their home, such as a dinner guest or just somebody coming over for a visit. With regard to licensees, that duty is more of a reasonable-person standard, meaning that the person had to have an opportunity to correct an obvious defect or should have known that there was a defect. For example, if a property owner knew they have a rotten stairwell, and they did not take reasonable steps to correct it. If the person is injured by the use of the stairway and falls to the floor, the owner would be liable for any ensuing injuries. The licensee must also warn of known dangers.
In Mississippi, a person owes no duty to a trespasser. A trespasser is a person who does not have an invitation to come onto a property.
When someone sustains injuries because of negligent property care, the injured person could seek compensation from the reckless landowner. It is wise to seek the assistance of a knowledgeable premise liability attorney. A local attorney could look at the physical, mental, and financial damages incurred, make a total accounting of them, and seek full compensation for that negligence. Schedule a consultation to learn about the nuances of a Pascagoula premises liability case.