Jackson Slip & Fall Lawyer
Helping Injured Individuals Fight for Damages
Slips and falls are unfortunately common accidents that happen on unsafe or undermaintained premises. If you or a loved one has slipped and fallen and incurred injuries, you have the right to claim damages from an insurance company or from the liable party in a civil lawsuit. At Hawkins Law, P.C., we take an aggressive approach to injury cases and will do our best to champion a favorable settlement. We will provide honest and empathetic legal guidance so you can feel supported throughout the legal process, especially while you are coping with an injury.
Schedule a free consultation with Hawkins Law, P.C. to get started on your case today.
Elements of a Slip and Fall Claim
Slip and fall accidents fall under the category of premises liability, as these incidents typically involve unsafe or undermaintained premises. In order to have a valid slip and fall lawsuit in Mississippi, the following elements must be present:
- Dangerous condition – The premises must have contained a dangerous condition, such as debris on the ground or undermaintained flooring.
- Knowledge of the dangerous condition – The property owner should have known about the dangerous condition and chosen not to remedy it in order for them to be liable.
- Failure to warn – The property owner or premises manager failed to reasonably warn guests or visitors of the hazardous condition.
Note that the statute of limitations, or deadline for filing, for slip and fall accidents is 3 years from the date of the accident. This 3-year deadline also applies if the plaintiff intends to sue for property damage instead of personal injury. Failure to file a slip and fall lawsuit within the 3-year period will likely result in the court not hearing the case.
Comparative Negligence in Slips and Falls
Mississippi’s “comparative negligence” laws may impact how much compensation an injured plaintiff can obtain in a slip and fall case. Under the comparative negligence rule, also called shared fault, even if the owner of the property may be primarily liable for the hazardous conditions on the property, any amount of fault that the injured individual caused may reduce the damage award they can receive. More specifically, the total damage award that an injured plaintiff can receive will be reduced by any percentage of fault that they are found to have caused, such as if they negligently approached a hazardous area of the premises. In contentious cases, it is common for the at-fault property owner to allege a plaintiff’s responsibility for the accident, so it is advisable to put an attorney on your case to combat any unfounded accusations of fault.
Note that shared fault applies both in court and in settlement negotiations with insurance. As a result, be aware that the settlement offer may be lower due to their claim that the injured plaintiff had some degree of fault. Of course, the case may proceed to trial if the settlement is unsatisfactory, in which case the court will examine the same components of comparative negligence.
Whether you have incurred personal injury or serious damage to expensive property as a result of a preventable slip and fall, you can take legal action by suing the property owner. Damages you may be able to recover in a successful lawsuit include medical expenses and emotional distress, depending on the severity of your injuries. Our slip and fall lawyer at Hawkins Law, P.C. can assess your case and determine your best legal strategy for claiming damages.