Types of Visitors in a Premises Liability Case
A property owner’s duty to protect guests from dangerous conditions on the property is set forth under premises liability law. It obligates property owners to check their property for safety hazards, make repairs where necessary, and warn guests about unsafe conditions when repairs have not yet occurred.
When an individual sustains injuries due to a property owner’s gross negligence in maintaining the property, the injured victim may have the right to recover compensation. The visitor’s status can play a vital role in determining if the property owner can be held liable for injuries sustained.
The categories are:
- Invitee: When a business opens its doors to the public, it effectively invites everyone onto its property during business hours. The owner owes anyone who receives an invitation to enter a property for business purposes a duty of care. Companies must prevent foreseeable and avoidable injuries to all of their business invitees. As such, the property owner must ensure that the property is reasonably safe by ensuring that a visitor does not have any reason to believe they may be injured while on the property.
- Licensee: A licensee is a person who enters another person’s property for pleasure, relaxation, business, or any other personal purpose. A lesser degree of protection is afforded to licensees as they are on the property for their benefit. Being a licensee on someone else’s property comes with specific duties and obligations. A property owner is responsible for maintaining their property properly and warning their guests of any known hazards.
- Trespasser: Anyone who knowingly enters private property without permission from its owner is a trespasser. Owners of private property have very little responsibility for trespassers. The concept of self-defense governs the actions of a property owner. Property owners have a right to protect themselves against trespassers by using reasonable force, up to and including deadly force. On private property, owners are held to a standard of “reasonable care” regarding trespassers. To adhere to this legal standard, they must not act in any way toward a trespasser that is meant to be deliberately harmful.
- Children: The law recognizes that children cannot take the same measures as adults do to protect themselves from danger. As such, it is up to adults to take reasonable actions to ensure that children are not in danger while on their property, whether they are trespassers or guests. The court will consider age, maturity, and experiences when determining fault in cases involving minor trespassers. If a child trespasser gets injured due to a property owner’s negligence, the court will tend to be lenient towards that trespasser.
If you’ve been injured on another person’s property, you should contact a Greenville premises liability lawyer at Mama Justice to get justice and the compensation you deserve.
Proving a Premises Liability Case
Premises liability claims are legally grounded upon the general careless, negligent, or reckless actions of a property owner. Negligence is important to consider in all cases. To establish a claim against the owner of a building, you must be able to prove that the property owner was negligent in their actions. The four basic elements or requirements of a premises liability case are:
- Duty of Care: To succeed in a premises liability claim, a plaintiff must be able to prove that the defendant owed them a duty of care and breached that duty by failing to use reasonable care in the circumstances. A person owes you a duty of care if he has responsibilities towards you and you rely on him. This means that the defendant’s failure to meet a standard of care caused your injuries or damages.
- Breach: For a defendant to be held liable, it must be established that they breached the duty of care. The defendant must have acted irresponsibly or unreasonably in their actions or inactions. If you have been injured in an accident, it is important to establish that there was a legal duty of care and that the duty was breached.
- Causation: You will have to prove that your injuries directly resulted from the defendant’s negligence. The more evidence you can present to show that the property owner failed to ensure your safety on their property, the stronger your case will be.
- Damages: You must prove that the defendant’s breach caused actual harm. To succeed in a lawsuit, you must show that you suffered specific financial injury and damages. As such, you will need to show precisely how much you lost due to the defendant’s breach. In most cases, the award of damages depends upon the proof of injury suffered. To prove damages, the plaintiff must show that they were injured due to the defendant’s negligence.
Common Injuries that Occur During Premises Liability Accidents in Greenville
Even a seemingly minor accident can have devastating consequences. Injuries that may occur during premises liability accidents in Greenville include:
- Traumatic Brain Injury: Traumatic brain injuries are some of the most common injuries in premises liability cases. They can range from mild concussions to severe brain damage that leaves you unable to function normally. Traumatic brain injuries can cause permanent disability or death. It can also lead to long-term speech, memory, and motor skill problems.
- Spinal Cord Injuries: Spinal cord injuries are another common injury that can occur during premises liability accidents. These injuries can lead to paralysis or loss of sensation in certain parts of your body. Spinal cord injuries can also lead to paralysis or other physical impairments. This can make it difficult or impossible for you to walk, use your arms, or even breathe without help from machines.
- Broken Bones: Broken bones can cause lifelong problems with mobility and quality of life. These bone fractures often require surgery and months of physical therapy to heal.
- Emotional Trauma: This type of injury is often overlooked by insurance companies but can cause significant long-term effects on victims’ lives. The stress caused by an injury can lead to anxiety, depression, and other mental health issues that require treatment by a mental health professional.
What Compensation Can a Victim of a Premises Liability Accident Receive?
The amount of damages the victim is awarded in a premises liability lawsuit depends on whether they are partially at fault and the case’s specific circumstances. Mississippi’s premises liability laws allow people who got injured on another person’s property to be awarded damages such as:
- Lost Wages: In a personal injury case, lost wages refer to the cost of wages you lose while you are off work recovering from your injuries. This includes any commission, bonuses, or promotion you had to give up. If you are permanently disabled and cannot return to work at the end of your recovery period, compensation can include future earnings lost because of the injury.
- Medical Expenses: There are significant medical expenses associated with accidents. Once you have satisfied your immediate medical expenses, taking inventory of your future health care costs is important. If you are permanently injured and unable to work, you will need long-term care, additional surgeries, and home modifications. You are entitled to compensation for your medical bills and expenses.
- Pain and Suffering: Numerous physical injuries come with severe pain, and victims have to deal with this pain. Victims deserve compensation for the pain and suffering they are subjected to due to the injuries. The more severe the pain is, the more compensation the victim should receive.
- Mental Anguish: A person injured in such an accident may suffer mental anguish. Recovering from an injury caused by someone else’s negligence is not just a matter of physical healing. The psychological harm done by the accident and its aftermath can be debilitating.
- Loss of Consortium: Injuries sustained due to another person’s negligence can leave a physical and emotional mark on the victim’s family. If your loved one was injured on someone else’s property, you might be entitled to compensation for consortium loss.
- Wrongful Death: Nothing is more devastating than losing a loved one due to someone’s negligence. When a person dies due to the negligence of a property owner, the family of the surviving family members can file a compensation claim. Compensation may also cover medical bills, funeral and burial expenses, lost wages, or loss of affection, support, and companionship.
- Punitive Damages: Punitive damages are awarded when the negligent party’s actions are especially outrageous. Punitive damages are meant to deter a defendant from repeating the same actions that led to the injury. A high standard of proof applies to punitive damages cases. To recover punitive damages, you must prove clearly and convincingly that the property owner’s action showed a willful disregard for rights or safety.
You deserve maximum compensation if you’ve been injured on another person’s premises. To get justice and the compensation you deserve for the injuries suffered on someone else’s property, schedule a free consultation with a Greenville premises liability lawyer at Mama Justice.
How Do You Claim Compensation in a Premises Liability Case?
To receive compensation for damages in a premises liability lawsuit, you must carefully include all the facts about your lawsuit. A carefully prepared complaint is the first step in filing a claim. A complaint is a legal accusation against a property owner for causing harm to you. A successful claim will consider the damage caused by the property owner.
You need to gather relevant evidence and information about your case. Evidence is the key to winning a premises liability claim. A Greenville premises liability lawyer at Mama Justice can help you gather evidence and prepare a detailed affidavit to explain the cause of your injuries so that you can receive the financial compensation you deserve.
Statutes of Limitations of a Premises Liability Claim in Greenville
A statute of limitations is a legally defined period within which a person has the right to file a lawsuit for damages. The statute of limitations for filing a premises liability lawsuit in Mississippi is three years. Premises liability claims can be tricky, so you must contact an experienced Greenville premise liability lawyer at Mama Justice to discuss your legal options after an accident caused by a negligent property owner.
Speak with an Experienced Premises Liability Accident Lawyer Today
Premises liability cases often result from accidents on another person’s property. Accidents occur when property owners are negligent. If you or a loved one has suffered an injury on another person’s property, our Greenville premises liability attorneys are well-versed in Mississippi’s premises liability law and will fight to ensure you receive the maximum compensation. Our personal injury attorneys at Mama Justice can provide the legal advice and representation necessary to help you recover the compensation you are entitled to.
Our experienced Greenville premises liability lawyers at Mama Justice have helped clients like you obtain compensation after being hurt on another person’s property for decades. Our premises liability lawyers in Greenville can determine if you have a valid claim and help you build a strong case. An experienced Greenville premises liability attorney at Mama Justice can help you prove the property owner’s liability and get the compensation and justice you deserve. If you’ve been injured by the careless, reckless, or negligent actions of a property owner, don’t wait–call us today at (888) 484-1476 for a free case evaluation.