Gulfport Premises Liability Lawyer
Premises liability may seem like a simple area of law, but in many situations, it can become quite complicated. This is in large part because the outcome of such a case can depend on various factors, including why the plaintiff was on the property in the first place.
If you were injured on the property of another party, you might benefit from a free consultation with a well-versed Gulfport premises liability lawyer. Once you retain a knowledgeable personal injury attorney, you could have professional help determining the liability applicable to various parties and effectively pursuing full and complete recovery of all your damages.
How is Premises Liability Defined?
Premises liability refers to a form of negligence by a property owner or caretaker. Under this area of civil law, property owners have a duty to keep their property safe and in good repair in order to decrease the chances of injury to a visitor acting reasonably. If they are unable to address a hazard immediately, they must warn people on the property by posting signage or keeping people out of potentially dangerous areas.
While premises liability follows the negligence standard based on proving duty, breach of duty, the proximate cause of injury, and damages, this type of case works differently than most others. Specifically, a property owner’s duty to protect a visitor may vary depending on who that visitor is and why he or she was on the property.
Under Mississippi law, people who enter a property fall into one of three categories. A Gulfport property liability attorney could work with an individual plaintiff to determine which category he or she falls into and how that might affect his or her civil recovery.
This is someone who enters someone else’s property without having a license, invitation, or another right to be there. A person designated as a trespasser enters the property for his or her own pleasure or purpose and without an implied assurance of safety.
A licensee is defined as someone who enters a property for his or her own benefit or convenience in accordance with the implied permission of the property owner. A social guest would fall under this category.
An invitee is a person who enters the premises of another party by invitation for their mutual benefit. Examples of invitees may include a hotel guest at a casino and a church member at a church service.
Comparative Negligence in Cases of Landlord Liability
When a seasoned premises liability lawyer in Gulfport takes a case before a court, he or she typically focuses on the duty owed to the victim based on what kind of guest he or she was at the time of the injury. Recovering compensation then requires proving that the owner or operator of the premises breached his or her duty to the victim.
Depending on why the plaintiff was on the property and other circumstances, he or she may bear some liability for his or her injuries. Under the comparative negligence law found in Mississippi Code § 11-7-15, a plaintiff can still recover damages if the court believes he or she was responsible for some degree of negligence in the case. However, his or her compensation would be reduced by his or her percentage of negligence as determined by the court.
Reach out to a Gulfport Premises Liability Attorney
Even though premises liability law can be confusing, as the plaintiff, you could let your Gulfport premises liability lawyer handle all the details. Your attorney could help ease your burdens during this difficult time of life while you focus on healing and moving forward after your injury. Your right to file a lawsuit against the property owner is time-limited, so call for a free consultation today to get your case started.