Jackson Premises Liability Lawyer
When you suffer injury caused by an unsafe property, you have the right to hire a Jackson premises liability lawyer to get you the compensation you deserve. Giddens Law Firm has been fighting for those injured on other people’s properties for nearly 30 years. We understand how difficult these cases can be and know the injuries can be devastating to the victim and their family.
If you were injured on someone else’s property in Jackson, MS, don’t wait. Contact our Jackson, MS premises liability attorney today to schedule a free consultation.
Common Premises Liability Accidents in Jackson
The most common type of premises liability accident is a slip and fall accident. These accidents occur on a hazardous floor surface, such as wet or uneven ground or loose rugs or mats. A slip and fall accident can lead to a variety of injuries, including head trauma, neck and back injuries, strains, sprains, and broken or dislocated bones.
Slip and fall accidents are not our firm’s only premises liability cases. Other types of premises liability accidents can include:
- Animal attacks
- Explosions caused by gas leaks
- Exposure to lead paint, asbestos, or other toxic substances
- Improperly functioning escalators or elevators
- Stairways with broken steps or handrails
- Defective doors, windows, or furniture
- Unfenced swimming pools can cause accidental drowning
- Food poisoning caused by improper food storage or preparation at a restaurant
- Poorly stacked or insecure merchandise, which can fall on patrons at a store
- Improperly loaded luggage on a shuttle bus or other transportation at a hotel or casino
The experienced Jackson personal injury lawyers at Giddens Law Firm can help identify who is responsible for your accident and hold that party accountable for your medical bills and other expenses. Contact our premises liability law firm today to schedule a free consultation.
Understanding Property Owner Responsibilities in Mississippi
No matter what standard of care is required, courts determine property owners’ liability based on four elements: duty, breach, injury, and damages.
By law, in Jackson, MS, property owners have a “duty of care” to provide a safe environment for visitors to their properties. If the owner fails in their duty, causing you to have an accident on their property, they are considered in breach of their duty of care. If you are injured, you will experience a loss, such as medical bills, lost wages, and more. These are considered your damages which you are legally able to recoup from the owner.
However, owners are not always at fault when a visitor is injured. It all depends on the status of the injured person, whether they were an invitee, a licensee, or a trespasser.
- An invitee is someone who was invited to be on the property, whether that invitation is expressed or implied. These guests are present on the property for the mutual advantage of the owner and visitor. It could include a guest invited to a private home, as well as a patron of a restaurant, store, hotel, or casino who is taking advantage of services offered during opening hours. Property owners are responsible for the safety of invitees.
- A licensee is a person who is conducting business on the property. For example, a salesman might be visiting a restaurant to sell new kitchen equipment. In these cases, the law recognizes a lower standard for duty of care, only holding the owner liable if they engaged in wanton or willful behavior.
- A trespasser is someone who does not have permission to be on another person’s property, either expressed or implied. Again, in these cases, the property owner is only liable if they engaged in wanton or willful behavior.
The distinctions between these different visitors are not always hard and fast, and a trained premises liability attorney can argue this status in court. Contact our experienced premises liability lawyer in Jackson, MS, to learn more.
Navigating Complex Premises Liability Laws in Jackson, MS
Jackson’s MS law around slip and fall cases became more complicated in 2019 with the passage of MS Code 11-1-66, known as the “Landowner’s Protection Act.” The law has made it harder to sue owners for injuries caused by a third party, such as a criminal assault, on their property. According to the law, a victim must prove that the owner “impelled the conduct” of the third party “actively and affirmatively, with a degree of conscious decision-making.”
While a property owner could still be held liable if they negligently failed to provide adequate security, the law requires that a successful claim proves that an “atmosphere of violence” existed on the property that would precipitate the property owner to provide that extra security. That “atmosphere” is defined as three or more violent incidents occurring near the property within the previous three years.
These new requirements make it very difficult for a victim of an assault to hold the property owner accountable, and more essential that you consult an attorney knowledgeable in Jackson MS law to ensure the best chances of success.
Potential Compensation in Jackson, MS Premises Liability Cases
Someone suffering an injury on another person’s property in Jackson, MS, may be entitled to compensation for a variety of damages. Chief among them are the medical bills associated with recovery from the injury; those bills might include charges from an emergency room visit on the day of the accident, as well as ongoing doctor’s visits or physical therapy to recover from injuries sustained in the accident going forward. It is important to obtain an accurate accounting from medical professionals of treatments received as a result of the accident, as well as estimates for future care.
Damages for slip and fall accidents are not solely limited to direct medical care from the accident. They can also include lost wages from work or compensation for the use of paid vacation days if you had to take time off from your job to recover and rest after the accident. According to the Bureau of Labor Statistics, premises liability injuries cause the loss of more than 100 million workdays nationwide each year. The lost compensation from these days can be taken into account in calculating the overall reward an injured party receives. In cases of more serious accidents, victims can also receive damages for loss of future earning capacity.
Sometimes, damages from these types of injuries can also include more intangible aspects such as “pain and suffering.” That could include anguish from the accident itself, such as trauma after being attacked by an unleashed dog or after being assaulted by a stranger in a poorly lit parking lot. It could also include mental health issues stemming from the recovery after an accident, such as depression caused by an extended period of time being incapacitated at home and unable to engage in normal life activities because of physical distress.
These kinds of non-economic damages are not as easy to recover as damages that can be financially measured more easily through a specific bill from a doctor. A trained attorney can assist in providing the needed backup documentation, such as testimony from experts, or evidence of mental health counseling needed to recover from a traumatic accident, to ensure that the victim receives the full compensation to which they are entitled.
Why Choose Giddens Law Firm, P.A. for Your Jackson, MS Premises Liability Case
Of course, as you put together the best case possible to ensure compensation for an injury, consulting an attorney experienced in premises liability cases can be crucial. Since every accident or injury is different, it helps to have a skilled personal injury lawyer to consider how the law may apply to the exact circumstances of the case. Giddens Law Firm has been fighting hard on behalf of clients for more than two decades to get them the compensation they deserve after a traumatic accident or injury, including a premises liability injury.
Sometimes people do not seek the guidance of a premises liability attorney for fear it would be too expensive or complicated. Giddens Law Firm alleviates those fears right away, but providing the first consultation for free and afterward working on a contingency basis, meaning that we do not get paid for our services until we win your case. When a case is settled, our Jackson premises liability lawyers will take a small percentage of the settlement; if we are not successful, then you do not owe us anything.
As part of our commitment to clients, we work to respond quickly and carefully to concerns, balancing the speed our clients desire with the thoroughness necessary to win their cases. Oftentimes, owners insure their properties against claims, including those resulting from slip-and-fall accidents or other injuries. After an incident occurs, an insurer may reach out to the injured party, offering to settle the case. However, these offers are often significantly smaller than the amount that someone may achieve with the help of an experienced lawyer who can accurately measure the true damages involved in a case.
At Giddens Law Firm, we understand that someone who has experienced a slip-and-fall accident through the negligence of a property owner may be upset, frustrated, confused, or angry. Our premises liability attorneys work hard to explain the law and analyze each case on its own merits to file the best claim we can to maximize success. Throughout the process, we will work to provide you with the representation you need in order to reach a successful outcome for your claim. Call us today to schedule a free consultation to learn more about how we can make a difference for you.
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