Personal Injury Laws for Slip & Fall Accidents in Jackson, MS
Slip and fall accidents fall under premises liability law which deals with the responsibility of property owners to keep their premises safe for visitors. Victims of slip and fall accidents in Jackson, MS may be entitled to compensation if they can prove property owner negligence.
Laws
Premises Liability
Premises liability law holds property owners responsible for keeping their premises in a safe condition. This includes ensuring hazards such as wet floors, uneven surfaces, broken steps or poor lighting are addressed. If a property owner fails to fix these hazards or fails to warn visitors of the danger, they can be held liable for injuries from slip and fall accidents.
The level of care required of property owners varies depending on the status of the person on the property. In Mississippi, individuals on the premises are classified as either invitees, licensees or trespassers:
- Invitees: These are people who are invited onto the property for business purposes, such as customers in a store. Property owners owe the highest duty of care to invitees.
- Licensees: These are social guests or others who are on the property with the owner’s permission but not for business reasons. The duty of care to licensees is lower than to invitees but the property owner must still keep the property safe.
- Trespassers: People who are on the property without permission are owed the lowest duty of care. However, property owners cannot intentionally harm trespassers.
Negligence
To win a slip and fall case in Jackson, MS, the injured party must prove the property owner was negligent in maintaining the premises. This means showing:
- The property owner knew or should have known about the hazard.
- The property owner failed to fix the hazard or warn visitors.
- The hazard caused the slip and fall accident and injuries.
For example, if a grocery store fails to clean up a spill in a timely manner and a customer slips and breaks a bone, the store could be liable for negligence. In those cases, proving the store had constructive knowledge of the hazard (meaning they should have known about the spill) is key.
Comparative Fault
Mississippi follows a modified comparative fault rule (Miss. Code Ann. § 11-7-15) which can impact the outcome of a slip and fall case. Under this rule, if the injured party is found to be partially at fault for the accident, their damages will be reduced by their percentage of fault. However, if the injured party is more than 50% at fault, they can’t recover anything.
For example, if a person was distracted by their phone while walking and failed to see a clearly marked wet floor sign, they may be found partially responsible for the accident. In those cases, the court will determine the percentage of fault to the injured party and adjust the damages accordingly.
Crosswalk Laws
In addition to the duty of care on private property, property owners and managers are responsible for keeping public areas safe, including crosswalks and sidewalks adjacent to their properties. Failure to do so can lead to premises liability claims if a slip and fall accident occurs due to hazards like cracked pavement or poorly maintained walkways.
How to File a Slip & Fall Claim
File a Claim
Slip and fall victims in Jackson, MS can file a personal injury claim against the property owner or other responsible parties. This process:
- Prove the property owner was negligent.
- Gather evidence such as accident reports, medical records, witness statements and photos of the hazard.
- Show the link between the hazard and the injuries.
An experienced attorney will help the victim get all the necessary evidence and build a strong case to get the best possible outcome.
Statute of Limitations
In Mississippi, the statute of limitations for a personal injury claim is three years from the date of the accident (Miss. Code Ann. § 15-1-49). It’s important to file the claim within this timeframe to preserve your right to recover. Failing to file within the statute of limitations can result in losing your right to the claim no matter how severe the injuries.
Damages
Slip and fall victims may be entitled to various types of damages depending on the severity of their injuries and how their life has been impacted. Damages typically include:
- Medical bills: This includes ER visits, surgeries, medications, physical therapy and any other treatment related to the accident.
- Lost wages: If the injuries prevent the victim from working, they can recover lost income.
- Pain and suffering: Victims can seek damages for physical pain and emotional distress.
- Property damage: In cases where personal items (like phones or glasses) are damaged in the fall, victims can seek damages for repairs or replacements.
- Future medical needs: Severe injuries that result in permanent disabilities or long term rehabilitation may also warrant damages for future medical care and assistive devices.
- Loss of earning capacity: If the injuries permanently impair the victim’s ability to earn a living, damages may cover lost future income.
Slip & Fall Attorneys
Experienced Lawyers
Hiring an attorney with experience in slip and fall cases is crucial to navigating the legal process. Slip and fall claims can be complicated especially when liability is disputed or when multiple parties (like property owners, maintenance companies or tenants) may be responsible.
An experienced attorney will help the victim by:
- Investigating the accident: This includes gathering evidence such as surveillance footage, maintenance records and witness statements.
- Prove the property owner was negligent: The attorney will help show the property owner failed to maintain a safe environment or provide adequate warning of the hazard.
- Negotiate with insurance companies: Many slip and fall cases are settled through negotiations with the property owner’s insurance company. An attorney will make sure the settlement offer is fair to the victim for their injuries and losses.
- Litigate in court: If a fair settlement can’t be reached, the attorney will file a lawsuit and present the case in court for the victim to get full compensation.
Slip & Fall Accidents in Jackson, Mississippi (2023)
Slip and fall statistics in Jackson will give you an idea of how often they happen and the impact on the community.
2023 Incidents
In 2023, Jackson had 120 slip and fall accidents. This shows how common they are and how important it is for property owners and businesses to prioritize safety and hazard prevention. Slip and fall accidents are one of the top personal injury claims in Mississippi and happen most often in:
- Retail stores.
- Public buildings.
- Office complexes.
The most vulnerable populations like the elderly and children are more prone to serious injuries from falls so preventive measures are more important.
Slip & Fall Accidents
Wet or Slippery Floors
One of the most common causes of slip and fall accidents is wet or slippery floors, often due to spills, mopping or bad weather. Property owners must act fast to clean up spills and make sure floors are dry and safe. And proper warning signs must be posted to alert visitors of wet areas.
Uneven Surfaces
Cracks in sidewalks, potholes, broken tiles or uneven pavement can cause tripping hazards. These conditions often happen in parking lots, sidewalks or walkways and property owners must repair these hazards immediately to prevent accidents.
Poor Lighting
Insufficient lighting in stairwells, parking lots or walkways can create danger for visitors, making it hard for them to see and avoid obstacles. Property owners have a duty to make areas visited by visitors well-lit and obstacle-free.
Weather Conditions
Wet or icy conditions due to rain, snow or ice can also cause slip and fall accidents. While property owners can’t control the weather, they must take reasonable steps to mitigate the risk, like clearing snow or salting walkways during icy conditions.
Victim’s Impact
Slip and fall accidents can result to various injuries, some of which can have long term effects on the victim’s life. Common injuries are:
- Fractures and broken bones, especially in the wrists, ankles and hips.
- Sprains and strains.
- Head trauma which can cause concussions or more severe traumatic brain injuries (TBI).
- Back and spinal cord injuries which can cause chronic pain or paralysis in severe cases.
The extent of injuries depends on factors such as the height of the fall, the surface the victim lands on and the victim’s overall health. In some cases, slip and fall accidents can cause permanent disabilities and long term medical care and rehabilitation.
Recent Personal Injury Case
Looking at a recent personal injury case will give you an idea on how slip and fall claims are handled in Mississippi courts and what kind of compensation victims can get.
Case: Johnson v. Magnolia Shopping Center
Facts:
Emily Johnson, a customer at Magnolia Shopping Center, slipped and fell on a wet floor in the main aisle of the store. The floor had just been mopped but the store employees failed to post warning signs for the wet surface. Johnson broke her ankle and had severe bruising from the fall and had to undergo months of physical therapy.
Proceedings:
Johnson filed a personal injury claim against the shopping center for negligence for not providing sufficient warning of the hazardous condition. Lack of proper signage and failure to address the hazard immediately were the key points of the case.
Result:
The case settled for $750,000 which covered Johnson’s medical bills, lost wages, pain and suffering and cost of ongoing therapy. The shopping center also agreed to implement new safety protocols including improved floor cleaning procedures and more visible warning signs to prevent future accidents.
Takeaway:
This case shows the importance of having proper safety measures and warning signs in public areas. It also shows the role of lawyers in getting fair compensation for slip and fall victims.
Slip & Fall Lawyers
Filing a slip and fall claim is complex and requires skilled lawyers to get you the compensation you need.
Case Evaluation and Investigation
In Depth Analysis
Attorneys will first conduct an investigation of the slip and fall accident. This includes reviewing accident reports, medical records and if available, surveillance footage of the scene. Attorneys will also consult with safety experts to see if the property owner followed industry standards and if the hazard could have been prevented.
Expert Witness
In some cases, attorneys may call expert witnesses such as safety inspectors or medical professionals to testify on the cause of the accident and the effect of the injuries on the victim’s life. Expert witness testimony can help establish liability and the extent of the injuries which is important in calculating the compensation.
Negotiation and Litigation
Settlement Negotiations
Many slip and fall cases are settled with the property owner’s insurance company. Attorneys will work to get a fair settlement that covers the victim’s injuries, lost wages, medical bills and pain and suffering.
Litigation
If a settlement cannot be reached, the case will go to court. In court, attorneys will present evidence, call witnesses and argue the case for the victim. The goal is to get a favorable verdict that gets the victim the most compensation.
Client Support
Ongoing Support
Throughout the process, attorneys will provide ongoing support and guidance to the victim, to explain their legal rights, make informed decisions and navigate their case. By being clear and strong advocates, attorneys will make the victim feel supported every step of the way.
Summary
Slip and fall accidents in Jackson, Mississippi can cause serious injuries and complex legal issues. Knowing the laws of premises liability, looking at recent statistics and looking at recent cases will help victims get justice and compensation. Whether it’s negligence, comparative fault or the intricacies of insurance claims, having the right lawyers is key to getting a good result.
For slip and fall lawyers, contact Keller Swan today.
