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Misconceptions about premises liability cases

| Jul 9, 2021 | Premises Liability

Many people hear about premises liability claims in Mississippi, and their minds revert to what they have seen on television or read online. Here are some common misconceptions about premises liability claims.

Every fall gets you compensation

Sometimes, accidents really do happen. To be legally liable, the property owner must have acted unreasonably in the events that caused your fall. This means that they either caused the danger themselves or knew of the danger and failed to warn you. That is the essence of negligence. There are times when you can fall or be injured and the property owner is not responsible.

You cannot prove a claim

In some cases, it is your word against the property owner’s, and you are the one with the burden of proof. However, there are ways that you can prove your case. You may have witnesses who saw your fall. Your lawyer could also obtain maintenance logs and video camera footage.

There’s no rush to call a lawyer

You need to move quickly to get your hands on the evidence that you need to prove your case. If the property owner realizes that they may have liability, this evidence could disappear pretty quickly. Your attorney could move to investigate the case and work to obtain evidence as soon as they are retained.

You cannot sue if there was a warning sign

The property owner cannot create a dangerous condition and warn it away with a sign. Beyond that, negligence law depends on whether the owner acted reasonably. A sign by itself does not automatically constitute due diligence.

If you have been injured on someone else’s property in an accident such as a slip and fall, you may need legal help to seek compensation. An attorney could be your advocate when negotiating with an insurance company or filing a lawsuit if a settlement agreement cannot be reached. In these cases, you need to move quickly to have your best chance at financial compensation.