Corinth Premises Liability Lawyer | Slip And Fall Attorney

Types of Visitors

In a premises liability case, one of the most important factors to take into consideration is why the person was on the defendant’s property. The visitor will fall under one of the following legal categories. This category, once established, will dictate if and how the claim will proceed.

Licensee

A licensee is any person who enters the property for social reasons or reasons unrelated to business. They have the implied permission of the occupant, owner, manager, or license. The owner has a responsibility to the licensee to not inflict deliberate injury and to maintain their property in a reasonably safe condition.

Invitee

An invitee is any person who enters the property with the implied or express invitation of the occupant, owner, or manager for business reasons, like delivery personnel or a customer at a supermarket. Property owners must show invitees the greatest duty of care by ensuring that their property is in a reasonably safe condition and warn invitees if a situation that could be potentially hazardous exists.

Trespasser

A trespasser is any person who does not have license, invitation, nor any other right to come onto the property. Trespassers come onto a property for their own benefit only, and without express or implied safety assurances. It is vital to bear in mind, however, that if the occupant, owner, or manager purposefully inflicts harm on a trespasser, the court can, and on many occasions has, sided with the trespasser.

Child Trespassers and the Doctrine of Attractive Nuisance

Although, as just mentioned, Mississippi property and business owners are not obligated to make sure their property is in a safe condition for trespassers, this does not include children. If a child trespasser is killed or injured due to an attractive nuisance, the property or business owner can be held liable. Some examples of an attractive nuisance include:

• Jacuzzis
• Trampolines
• Swimming pools
• Climbing frame
• Playground equipment, such as carousels, swings, sandboxes, and slides
• Appliances, like a grill or a deep freeze
• Old vehicles
• Dangerous animals
• Tractors and other farming equipment
• Treehouses
• Power tools
• Sand piles/Gravel piles
• Lakes, ponds, fountains, and other water features
• Wells
• Tunnels

Liability Accidents on Private Property

Imagine you are attending a potluck hosted by a friend or your local church group. After you are welcomed onto their property, you trip on an uneven area of the walkway, injuring yourself. Your friend, your neighbor, or the homeowner, apologizes profusely. He or she says they have been meaning to get the broken section of the walkway fixed but just hasn’t found the time. In this scenario, if you filed a premises liability claim, homeowner’s insurance would quite probably handle the claim and pay any damages you amassed. If the homeowner doesn’t have the proper insurance or their policy does not cover this type of accident, you can file a civil suit against them in order to be compensated for your losses.

If you were injured while you were in a rental property, either the landlord or the tenant might be responsible for your damages. For example, if the lease states that the area outside of the unit’s front door is to be free of clutter at all times and you injure yourself tripping over a small pile of boxes that a new tenant left sitting outside of their door, they could be liable for your accident. Conversely, if you were walking through the complex’s parking lot when you tripped and fell on an unfilled pothole that wasn’t cordoned off or marked with any warning signs, then the landlord or property owner will most likely be liable. The best way to accurately determine who the defendant in your premises liability suit should be is to have an experienced Corinth premises liability lawyer from the MW Law Firm – Mama Justice evaluate your case and outline the most effective course of action.

What if I Share in Liability for My Premises Liability Accident?

If a person is found to be partly at fault for their own accident and injuries, they could still possibly recover financial compensation depending on how much at fault they were in the incident. Anyone who isn’t sure if they would legally be considered partially at fault in a premises liability case should contact a reputable Corinth premises liability attorney.

Defective Products and Premises Liability

Premises liability cases are notoriously complicated. Our qualified Corinth premises liability lawyers will meticulously investigate your accident and work out the underlying cause(s). During the course of our investigation, it is not altogether unheard of for a dangerous or defective consumer product to have played a role.

For example, if a member of your family was seriously injured or killed in a fire while they were staying at a hotel, our investigation may uncover that a defective stove in the hotel’s kitchen was the cause of the fire or that a faulty smoke alarm allowed the blaze to advance to the point where it became impossible for your family member to escape.

If a dangerous or defective product was the cause or partial cause of your accident, you might be able to bring a product liability claim in addition to or instead of a premises liability claim.