The definition of premises liability is landowners owe a duty to persons who come onto their land and buildings. Mississippi does not have a definition of what constitutes commercial property and private property, but in general, private property is the property of another that is owned by a private individual. Private property is generally a landowner of a home or other dwelling, whereas commercial property is property open for the express purpose of conducting business.
If you were injured on another’s private or commercial property, you could hold the landowner accountable for damages with the help of a local premises liability lawyer. Discuss your case with a Pascagoula private property premises liability lawyer right away.
A visitor could be on someone’s property with an express or implied invitation of another. This could be just a friend or a family member who drops by or someone else. It can be anybody who goes onto the premises or is reasonably expected to enter the property. Under the reasonable person standard, the private-property owner will have either directly or indirectly invited that person onto the property.
An invited guest is a person who has entered a private property of another at their direct invitation to come onto that property. That does not have to involve a formal invitation, it could simply be a phone call or an implicit invitation. It is best to speak with a local private property premises liability lawyer to determine an individual’s classification as a visitor.
The visitor’s actions are extremely important on whether the visitor can sue the property owner, the private property owner. The visitor, as well as the premises owner, also has a duty to act in a reasonably prudent manner and to use caution. Mississippi case law has what is called open and obvious defense. Open and obvious conditions that should be obviously dangerous to a reasonable person. If an individual is injured due to an open and obvious hazard, the injured person may not be able to recover compensation from the property owner. Additionally, private property owners, like homeowners, generally do not have a duty to warn a condition that they are not knowledgeable about.
The condition of a property at a premises liability case is extremely important, especially if the owner kept up their property in safe and reasonable fashion. Additionally, landowners must make arrangements to protect the public from any attractive nuisances. An attractive nuisance is something that attracts persons, usually children, such as swimming pools and swing sets. If the owner took the steps to protect visitors, it may be difficult to successfully win a case against them. However, if the owner was derelict in their duties to maintain their own property and is well aware of any dangers on the property, then they are more likely to be held liable if somebody’s injured on their property.
Every type of property is treated differently. Homeowners and guests that are injured on their property is treated much differently than an apartment complex or condominium. Generally, the apartment owner is liable for unsafe premises in the common areas. The renter or lessee would be liable for any kind of damages within the confines of the place that they are renting or leasing.
The property owner certainly has a right to be free from interference from trespassers. Anybody that trespasses on the property is generally not in a position to be compensated for any injuries on the property. Also, the property owner has a right to use their property in a reasonable manner.
Mississippi has one of the strongest property rights laws in existence. It is very difficult in many circumstances to sue and recover from private landowners due to injuries on the premises. The most obvious circumstances where compensation is given is in a course of retail establishments, where there are hazards which endangers the public.
There are several steps that an injured person has to go through before they can hold a landowner accountable for their damages. Mississippi has a three-tiered liability system for premises cases. Injured persons must pass through the gates of one of those three tiers and meet the threshold requirement before they are eligible to hold a premises owner liable or recover compensation for damages.
The first step the injured person should take following an accident is seek assistance from a seasoned premises liability attorney. A local attorney could investigate the accident, determine liability, and help you seek compensation for damages. Call today to learn how a Pascagoula private property premises liability lawyer can help your case.