Biloxi Premises Liability Lawyer
Property owners are responsible for keeping their land and buildings safe for anyone who is legally allowed on the premises. Landowners must also warn visitors, guests, and other individuals that come onto the property of any unsafe or hazardous conditions that have not been fixed.
If you or a loved one was injured while on another person’s or company’s property, you might benefit from speaking with a Biloxi premises liability lawyer. While liability laws are quite complex and vary on a case-by-case basis, you might be able to pursue compensation against a negligent landowner. If successful, you have a right to recover lost wages, medical expenses, and other damages.
Navigating the claims system is often complex and overwhelming, especially for underprepared or underrepresented claimants. A tenacious personal injury attorney could help with each step.
The Legal Categories of Visitors in Biloxi
In any premises liability case, one of the most important elements that will be considered is the reason why a potential plaintiff was on a defendant’s property. The legal category of a visitor will determine how (or if) a claim is pursued. These categories include an invitee, a licensee, and a trespasser, which could be explained in-depth by a lawyer with knowledge of the premises liability laws in Biloxi.
An invitee enters the property with an implied or express invitation of the owner (or occupant) for the benefit of both parties, such as a hotel guest at a casino. Property owners owe the highest duty of care to invitees. Essentially, a property owner must ensure that the land is reasonably safe and must warn invitees if any hidden danger exists.
A licensee enters the property for their own purposes and has a license or the implied permission of the property owner. Therefore, the landowner owes the licensee a duty to refrain from purposefully injuring them, as well as to keep their land safe to inhabit. Social guests fall under this category.
A trespasser, on the other hand, does not have a license, invitation, or any other right to be on the property. They enter for their own purposes only and, as dictated by case law, without express or implied assurance of safety. However, it should be noted that if a defendant intentionally causes injury to the trespasser, the court may side with the trespasser in an injury claim in some instances.
Determining Landowner Liability
For a successful claim, there are a number of elements that must be proven by an injured claimant. To have a right to compensation, it must be shown that:
- The landowner created or was aware of the dangerous condition (or should have been aware)
- The property owner did nothing to fix the hazard, or did not properly warn visitors of the danger
- These actions (or inaction) caused an accident involving the plaintiff
- As a result of this accident, the plaintiff suffered injuries and damages, such as lost income, medical expenses, pain and suffering, or other damages
While these steps may seem simple, they often require extensive knowledge of the law in order to prove. A well-versed Biloxi premises liability attorney could help gather and assess evidence to determine if a property owner is liable for an injury on their land.
What Happens if the Injured Plaintiff is Partially at Fault?
If a claimant is partially at fault for his or her own injuries, they may still be able to recover compensation with a reduction proportionate to their percentage of fault. Simply put, if an injured claimant is found to be 30 percent liable, he or she might still recover 70 percent of the awarded damages.
Under Mississippi Code § 11-7-15, a person could, hypothetically, recover even one percent of damages in the event that they were 99 percent at fault. Due to these nuances, anyone unsure of their own fault in an injury case may benefit from consulting a seasoned premises liability lawyer in Biloxi.
Seek the Services of a Biloxi Premises Liability Attorney
If you were injured on someone else’s property, you may be facing a mountain of medical bills, doctor’s appointments, and an inability to work. However, by scheduling a free consultation with a Biloxi premises liability lawyer, you could discuss your legal options and understand if you have a valid claim for compensation.
If successful, you have a right to recover expenses for numerous losses, including lost wages, medical bills, payments to a caretaker in your home, and other expenses, as well as compensation for things like pain and suffering, anxiety and inconvenience. Call a compassionate attorney today to discuss your legal rights. Consultations are always free.