Let’s say that you are enjoying a stroll through one of Mississippi’s nearly three dozen casinos. You are on your way to the buffet when you slip on a wet floor and crack your head on the ground. You look around and there is no sign warning of a freshly mopped floor.
In a scenario like this, you may have an actionable premises liability case. But there are additional factors you’ll need to consider.
Proving Liability for Your Injuries
There are several elements you’ll need to prove in any premises liability case:
First, you have to show that the property owner (or an employee) caused the hazardous condition or knew about it. In some cases, you can argue that they should have known about it because a reasonable person in the same situation would have known.
Next, depending on the allegations made above, you’ll need to argue that the property owner or employee:
- Caused the hazard but failed to address it in a reasonable time and manner
- Knew or should have known about the hazard but failed to address it in a reasonable time and manner
In cases where the hazard was caused by the property owner or employee, liability is often straightforward. In cases where someone else caused the hazard, it will be important to show that there was ample opportunity to learn about and address the hazard that was not utilized by the property owner/employee.
Finally, you’ll need to show that as a result of the accident, you suffered injuries. That’s usually the easy part.
What If You Shared Fault?
In Mississippi, you can still recover damages even if you were partially at fault for your own injuries. But your award will be reduced by the percentage of fault assigned to you. As an example, let’s say that you slipped on an unmarked wet floor on the way to the casino buffet, but you happened to be running while wearing flip flops at the time. At trial, the jury finds you to be 10 percent at fault for your own injuries. As such, you can still recover 90 percent of the total amount you were seeking.
Do You Have a Case? Discuss Your Options with an Attorney.
Personal injury cases are not always straightforward, so it is good to consult with an experienced attorney who can give you case-specific advice. Most of the time, consultations are free and cases are taken on contingency, so you have nothing to lose by reaching out.