Dangerous conditions on property can cause serious injuries and even death. Examples include poor lighting, torn carpet, rugs or mats with raised edges, loose tile, stairs of uneven height, missing handrails, holes in a parking lot and broken or uneven concrete.
When is the owner responsible?
Mississippi courts first decide whether the injured person was an invitee (such as a customer), a licensee (such as a social guest) or a trespasser, because the owner’s duty depends on that status. An owner must keep the premises reasonably safe for invitees and warn of hidden dangers. Courts treat ordinary features that visitors expect, such as curbs, thresholds and steps, differently from actual physical defects. Learn more on our main premises liability page.
What to do
- Get medical care and keep your records and bills.
- Report the incident to the owner or manager and note who you spoke with.
- Photograph the scene and the condition that caused the injury, and get witness names.
- Ask that any surveillance video be preserved. It may be erased quickly.
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 dangerous property hazards? 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.