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Premises liability claims and fault

On Behalf of | Mar 2, 2023 | Slip and Falls

Whether someone owns or resides at a property, the individual is responsible for keeping it safe for visitors. Those who get hurt on someone’s property might file a civil lawsuit in Mississippi if negligence contributed to their injury. However, not all premises liability incidents involve an owner’s or renter’s fault. The facts and circumstances surrounding the incident will likely determine fault.

Fault and premises liability

Negligence cases involve examining fault. If someone listens to music on earbuds and ignores their environment, they might cause their own injuries if they slip and fall. The same may be true when someone’s shoelaces are untied, or they are under the influence. Persons who trespass and ignore signs noting dangerous hazards could also be at fault for their injuries. In many instances, a trespasser would not have a case because they have no right to be on the property.

Persons invited to the property would have more rights than those not invited. The property owner has a duty to care for persons given consent to be on the property. Keeping a property safe from slip-and-fall and other hazards, such as loose handrails, would be an owner’s or resident’s responsibility.

Premises liability claims

Homeowners, renters or commercial insurance policies might cover claims over premises liability injuries. The victim policy would only cover payments up to the policy’s limits, but victims may sue above the policy in some situations.

Sometimes, the owner and the injury victim may share responsibility for harm. The victim could behave recklessly, and the owner’s property might contain hazards. The injured victim might not be entitled to total compensation in these scenarios. A premises liability claim’s unique circumstances ultimately factor into settlements and judgments.