Gulfport Slip and Fall Lawyer
Trips and falls are some of the most common injuries a person can sustain and may result in severe trauma and subsequent financial strain. Property owners have a legal duty to maintain their land to a reasonable degree of safety. So, when an injury happens as a result of their neglect, they (or more likely their insurers) may be held liable to provide compensation.
If you were injured on someone else’s property after falling, consider reaching out to a seasoned Gulfport slip and fall lawyer to discuss your legal options. A dedicated injury attorney could work tirelessly on your behalf to establish liability and file a claim to request recovery for your damages.
Establishing Negligence in a Trip and Fall Case
Slip and fall injury cases fall under the umbrella of premises law. Within these regulations, property owners and caretakers have a legal duty to keep their properties in good repair and safe for those who visit. Furthermore, they must warn visitors or customers against going near any hazardous areas on the property while they are being repaired.
If they fail to adhere to this reasonable standard of care, they may be deemed legally negligent when a visitor or customer is injured as a result. However, proving this negligence may be difficult for an underprepared claimant. By working with an experienced Gulfport slip and fall attorney, an injured person could receive help gathering evidence and building a persuasive claim.
Potential Difficulties in Gulfport Slip and Spill Cases
In many liability claims, a defendant’s attorney will bring up the possibility that the plaintiff is wholly—or at least partially—liable for his or her injuries. Specifically, the defense may claim that the plaintiff is liable for his or her own damages for one or more of the following reasons:
- The injured claimant was on a portion of the property where they were not allowed or expected to be
- The plaintiff should have noticed the dangerous condition existed
- The injured person was not paying attention—for example, by being on their phone
- The claimant was under the influence of drugs or alcohol
- The claimant was not wearing the proper kind of shoes
Because of these (and many other) possible defenses, it may be essential for an injured claimant to have a persuasive and thorough claim investigation before pursuing compensation. By working with a detail-oriented lawyer, a claimant in Gulfport could rest assured that a seasoned legal professional is aware of these possible defenses to their slip and fall case and could provide options for how to best proceed under the circumstances.
What is Comparative Fault?
Comparative fault is a legal term referring to circumstances under which an injured claimant is partially responsible for their own damages. If a jury determines that a claimant shares fault, they would assign a percentage of liability to them, as well as to the defendant or defendants.
Pursuant to Mississippi’s “contributory negligence” statute, Mississippi Code §11-7-15, this does not bar the plaintiff from receiving compensation. However, their recovery would be proportionally diminished by his or her percentage of liability—if a claimant were 40 percent at fault, for instance, he would only be able to recover for 60 percent of his potential damages.
Get a Case Consultation from a Gulfport Slip and Fall Attorney
After suffering an injury from a fall, you may miss time at work while also incurring medical bills and other associated costs. Furthermore, the emotional trauma and physical pain of an injury may lead to a decreased enjoyment of life and leave you feeling unsure of how to proceed.
If your injuries were due to a property owner’s negligence, you may be able to receive compensation through a civil claim to help ease your financial burden so that you may focus on your recovery. To begin working on your case, contact one of our hard-working Gulfport slip and fall lawyer today. Consultations are always free.