Shopping centers, grocery stores and other businesses should prioritize your safety. If you suffer harm because these establishments fail to meet this expectation, you may have a premises liability case.
In Mississippi, holding a property owner accountable for your injuries requires proving certain elements.
Getting financial compensation for your losses can be challenging if you fail to do this. So, what’s the best way to go about it?
Prove duty of care and negligence
State law requires property owners to provide a ‘duty of care’ to those legally on their property. They need to maintain a reasonably safe environment for you, the patron. But what does ‘reasonably safe’ mean? It means taking steps to prevent foreseeable injuries. For example, if a restaurant owner is aware of a spill that has not been cleaned up, they should clean it or warn customers about it to prevent accidents.
However, proving that a property owner failed to meet this duty of care isn’t always easy. You need to show that the owner knew or should have known about the dangerous condition. Additionally, you must demonstrate that they didn’t take reasonable steps to address or warn you about the issue. This is what we call ‘negligence.’
Establish a legally valid case
Starting a premises liability case involves establishing the legality of your presence on the property. Were you an invitee, licensee or trespasser? In Mississippi, the level of care owed by property owners can vary based on your status. Generally, invitees (like customers in a grocery store) are owed the highest duty of care since their presence is directly beneficial to the property owner.
After determining your legal status, the next step is to gather evidence. This might include photographs of the scene, medical records, and eyewitness accounts. Solid evidence can point to the fact that the property owner was aware of the dangerous condition but failed to act appropriately.
Establishing the property owner’s negligence in your claim is key to holding them accountable for your injuries. This gives you the right to seek compensation. However, navigating this process can be complex. In such situations, consultation with a legal professional can be beneficial. They can help you gather the necessary evidence and protect your rights throughout the legal process.
