Biloxi Slip and Fall Lawyer
Trip and fall and slip and fall incidents are some of the most common causes of personal injuries. In some cases, premises owners may be held liable because they created a dangerous condition that caused harm, in others, business owners are responsible for injuries because they did not take reasonable steps to protect customers or visitors from known dangers.
One who suffers an injury in a slip and fall accident on someone else’s property may have a right to recover full and fair compensation for the resulting losses and harms. However, merely claiming that an incident happened is not enough. Instead, these cases involve complex legal analysis that often requires a claimant to examine both the defendant’s actions and their own reasons for being on the property.
Instead of pursuing a claim alone, consider reaching out to a Biloxi slip and fall lawyer to help recover full and fair compensation. A tenacious and seasoned personal injury attorney could help gather evidence and work hard to bring a strong claim on your behalf, so that you may move past your injuries and on with your life.
Establishing Liability for Trips and Falls
A Mississippi premises owner has a legal obligation to keep any visitors on their land safe from dangerous conditions the landowner knows about, or should through the exercise of reasonable care know about. If to the landowner does not to comply with this duty and someone is injured as a result, that owner may be held liable to provide compensation for all resulting harms and losses. (Usually, landowners and business owners have insurance that will pay for any damages recovered by an injured person, although in Mississippi lawyers are not allowed to tell Juries that the defendant landowner has insurance when these cases are brought to trial.)
When making a claim in slip and fall cases, one must examine the totality of the circumstances that led to the incident and investigate all parties involved. Essentially, there are three primary routes a claim could pursue:
- Showing that a defendant breached a specific duty to a visitor on the defendant’s premises, which requires an examination of the claimant’s reasons for visiting and whether the defendant invited them
- Proving that a premises owner knew of a hazardous condition and failed to repair it or provide a reasonable warning
- Showing that enough time passed for the premises owner to have constructive notice of a dangerous condition caused by someone else, but did not repair it or provide a reasonable warning —in other words, indicating that the defendant reasonably should have known that a hazard was present, but did not protect visitors from that danger
An injured person’s reason for entering the property is also important, especially in cases focusing on simple negligence. This is because trespassers, for example, have limited (if any) legal rights in the event of a slip and fall injury on someone else’s property.
Conversely, landowners must protect social guests, also known as licensees, from willful or wanton harm. Furthermore, premises owners must take reasonable steps to protect business guests, known as invitees, from all foreseeable harm. A meticulous Biloxi slip and fall attorney could work with an injured individual to choose the legal path that could best fit his or her unique circumstances.
What are Common Injuries from Falling?
Slips and falls may seem like a minor annoyance to many people. However, even a small fall can result in catastrophic injuries, including traumatic brain injuries (TBI) and spinal cord injuries, in addition to broken bones, herniated discs and sprained joints (such as ankles, elbows, and knees).
Individuals who land on their hips or shoulders may break bones or separate joints, while someone landing on their back could suffer spinal cord damage. The most severe examples involve people who land on their heads and injure their necks or suffer traumatic brain injuries. No matter what a person’s injuries are, a negligent landowner is always liable to provide compensation.
Pursuing Claims for Compensation in Biloxi
Because the core of any trip and fall case is built around a physical injury, it is often essential for an injured claimant to procure medical bills, doctor’s notes, and employment records to demonstrate his or her damages. However, along with these direct economic damages that may be recovered, an person injured because of a premises owner’s negligent or reckless conduct also has a right to be compensated for non-economic damages, such as physical pain, emotional distress, mental anxiety, loss of enjoyment of life, scarring, inconvenience, and related damages. To calculate the value of one’s damages, an injured person must examine the total financial and emotional impact caused by the resulting injuries. A compassionate trip and fall lawyer in Biloxi could help an injured plaintiff assess the full extent of his or her injuries and demand appropriate compensation.
Bringing civil claims for injuries resulting from a premises owner’s negligent or reckless acts does more than just ensure full and fair compensation for the injured person, however. One of the purposes of the laws that allow such civil claims is deterrence, and bringing a claim against a reckless or negligent property owner can force property owner’s to fix systematic problems that create or perpetuate dangerous conditions, protecting out community as a whole from future harm. If no claim is brought and the problem is not fixed, the next victim could be someone’s mother, grandfather, or young child.
What Evidence is Needed to Prove Tripping Hazards?
Injured plaintiffs carry the burden of proving their claims for damages. One important step in this process is gathering evidence that demonstrates how a defendant was negligent or reckless.
This exact process will differ depending on the nature of the property in question. Stores may have security cameras that capture the event on film. Business owners may also have incident reports that their employees create following accidents that demonstrate systematic breakdowns and repeated incidents involving injuries. A Biloxi slip and fall attorney could help to gather this evidence.
Another key part of a claim is proving one’s right to be on the land. An attorney could use text messages, emails, and advertisements to show that a visitor was an “invitee”, entitled to the highest degree of protection from a premises owner.
Statute of Limitations
Slips and falls center around negligence. Therefore, claims must be filed under the personal injury claim statute of limitations.
According to Mississippi Code § 15-1-49, the time limit to pursue slip and calls is three years in most cases. In limited cases involving governmental entities, the deadline for filing a claim may only be one year. If the insured person does not have a complaint filed in court within the applicable deadline, the claim will fail. This applies both to cases that seek payments through trial and those that look to collect compensation through a settlement. A Biloxi attorney could help to pursue a slip and fall claim within the applicable time limits.
How a Biloxi Slip and Fall Attorney Might Help
All landowners must keep their property safe for visitors and invited guests, and a failure to do so may result in a severe or catastrophic injury that leaves a person facing financial and personal losses. However, because of a property owner’s legal responsibilities, an injured person may be able to request full and fair compensation for his or her damages.
If you or a loved one were hurt on someone else’s land after slipping and falling, a Biloxi slip and fall injury lawyer could help navigate the legal process required to seek full and fair compensation. To see how a determined and well-versed attorney could help with your claim, contact Van Cleave Law today. Consultations are always free.