Whether you are dining at your favorite restaurant or visiting a friend at his apartment complex, you have the right to walk around premises that are reasonably free of hazards. Likewise, landlords have an obligation to maintain their properties and to address any potentially dangerous issues that arise in a timely fashion.
If a property owner fails to correct a hazardous condition and someone sustains serious injuries in a slip and fall accident as a result, the accident victim may sue the property owner for damages. In a premises liability claim, you can recover compensation for medical bills, lost income, and pain and suffering as long as you incurred these damages as a direct result of the incident.
To determine if you are eligible for damages after sustaining injuries on someone else’s property, contact Ballard Law, PLLC. William E. Ballard can evaluate your case and help you determine the best way to proceed based on the particulars of your situation. Call 769-572-5111 to schedule a free consultation with an accident attorney in Mississippi.
On What Grounds Can I File a Premises Liability Claim?
In order to file a successful premises liability claim, you need to be able to prove two basic grounds: that the property owner had a definable duty to maintain the premises and that you suffered obvious harm after the owner breached said duty. You do not necessarily need to have a close relationship with someone in order for him or her to owe you a certain duty of care.
For example, all motorists have a duty of care to one another not to drive while they are drunk or drowsy. They also have a duty to follow all traffic laws and to drive in a safe and predictable way.
When it comes to premises liability, shopkeepers have a duty to keep all aisles clear, dry, and free of tripping hazards. Likewise, your neighbor must warn you if there is a broken step or loose throw rug when you visit his or her home, and your landlord must fix any hazardous conditions as they arise at your own apartment complex.
Once you prove that the defendant had a clearly defined duty, you need to demonstrate how he or she breached this duty and that you sustained injuries as a direct result. An experienced injury lawyer can help you gather the evidence needed to do so.
What Is Assumption of Risk?
There are certain scenarios in which you might sustane injuries on someone else’s property but you will not be able to pursue compensation for the damages. In some cases, this is because you assume certain risks simply by being on the property.
For example, according to the American Bar Association, you may not be able to sue a ski resort if you were injured while skiing on one of the trails because you are voluntarily taking part in a knowingly risky activity and thus assuming the risk. If the technicians responsible for maintaining the chairlift are negligent, though, and you sustained injuries as the result of it malfunctioning, you may have a valid claim.
In the second scenario, you would have grounds to file a claim because the resort has a definable duty to maintain its chairlifts and ensure the safety of its guests. Likewise, if you sustained injuries on the trail in the first scenario because there was a dangerous patch of ice, you might have a valid claim since the groundskeepers have a duty to maintain their trails.
Determining and proving the grounds of any kind of premises liability claim is challenging, but an accident attorney from Ballard Law, PLLC can help. If you sustained injuries on someone else’s property, you may be entitled to compensation for medical bills, lost wages, and non-economic damages.
Call 769-572-5111 to schedule a free case evaluation with an injury lawyer in Jackson. You can learn more about personal injury claims in Mississippi by visiting USAttorneys.com.
