A slip and fall case arises when someone falls because of a hazard on another person’s property, such as a wet floor, spilled merchandise, a torn mat or an uneven surface. Falls happen in stores, restaurants, office buildings, apartment complexes and construction sites. Slip and fall claims are a type of premises liability claim.
A fall alone is not enough
The fact that a person falls in a business does not by itself make the owner liable. A store or business owes its customers (invitees) a duty to keep the premises reasonably safe and to warn of dangers that are not readily apparent. In most cases the injured person must show that:
- the owner or its employees created the dangerous condition; or
- the owner knew about the condition and did not fix it or warn about it; or
- the condition existed long enough that the owner should have discovered it.
How the hazard got there and how long it was there are often the central questions. Evidence such as video, cleaning logs and incident reports can matter a great deal.
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 slip and fall accidents? 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.