Tenants and guests at apartment complexes are sometimes victims of violent crimes such as shootings, assaults, rapes and robberies. In limited circumstances, the owner or manager of the property may be held responsible in a civil lawsuit, in addition to the criminal case against the person who committed the crime.
The Mississippi Landowners Protection Act
Mississippi’s Landowners Protection Act (Miss. Code Ann. § 11-1-66.1) limits these claims. When an invitee is hurt by the willful, wanton or intentional conduct of a third party, the injured person generally must prove, among other things, that the owner’s or manager’s own conduct “actively and affirmatively, with a degree of conscious decision-making, impelled” the third party’s conduct. The Act also sets specific rules for proving an “atmosphere of violence” on the property.
Facts that may matter
- Whether the injured person was a tenant, an invited guest or a trespasser
- Past criminal activity at or near the property and what the owner knew about it
- Security measures, lighting, locks, gates and how they were maintained
- What the owner or manager did, or promised to do, about safety
Deadlines
Most claims against private property owners must be filed within three years (Miss. Code Ann. § 15-1-49). If the property belongs to a city, county or state agency, the Mississippi Tort Claims Act generally requires a written notice of claim at least 90 days before suit and a lawsuit within one year (Miss. Code Ann. § 11-46-11). Missing a deadline can bar the claim completely.
Comparative fault
If the injured person was partly at fault, Mississippi law reduces the damages in proportion to that fault rather than barring the claim (Miss. Code Ann. § 11-7-15).
Talk with a Jackson, Mississippi lawyer
Have questions about apartment shootings? Call (601) 355-9600 (Monday–Friday, 9 a.m.–5 p.m.) or send us a message to arrange a confidential consultation.
Our only office: 355 S. State Street, Jackson, MS 39201, next to the Hinds County Chancery Courthouse. We serve clients throughout Jackson and central Mississippi.
This page provides general information, not legal advice. Every situation depends on its own facts, and reading this page does not create an attorney-client relationship.