Mississippi Slip and Fall Lawyer

Trusted Slip and Fall Attorney in Mississippi

Slip and fall accidents are common and mostly occur on wet, slippery, or uneven floors. A slip and fall accident can also occur on stairs that are too steep, too narrow, or not properly maintained. These accidents can result in minor to serious injury. Sometimes the resulting injuries are catastrophic, resulting in permanent disability and requiring ongoing care. Sometimes these injuries can be fatal. Property owners have an obligation to use reasonable care to prevent these accidents, and may be required to pay damages if their negligence results in injury.

In Mississippi, these cases fall under premises liability law. They happen in grocery stores, big-box retailers, restaurants, casinos along the Gulf Coast, hotels, apartment complexes, parking lots, and public sidewalks. If you were hurt on someone else’s property, a Mississippi slip and fall lawyer can investigate what happened, identify every party that may be responsible, and deal with the insurance company so you can focus on recovery.

Duty of Care in a Slip and Fall 

Duty of care is a phrase in the legal industry that basically means people have a responsibility to take reasonable care with certain things that could foreseeably cause potential injury.

For example, if a homeowner knows that the stairway is weak and on the verge of collapsing, but fails to warn you and you fall through the staircase, the homeowner could be said to have violated their duty of care. The homeowner could have reasonably assumed that someone might fall through a weak staircase and cautioned people against using it or made repairs to the staircase. His negligence caused you injury, so he might be liable for your injuries under premises liability laws.

How much care a property owner owes you in Mississippi depends on why you were on the property:

• Invitees – customers, shoppers, and others invited for the owner’s business benefit. The owner must keep the premises reasonably safe and warn of hidden dangers the owner knows about or should know about.
• Licensees – social guests and others on the property with permission but for their own purposes. The owner generally must not injure them willfully or wantonly.
• Trespassers – people with no permission to be there. The duty is generally the same as for licensees, with special rules that can apply to children.

In short, if a premises owner knowingly failed to address a potential safety concern, and you’re injured as a result of a slip and fall, the owner may be responsible for your injuries. This is where a slip and fall case begins.

Regardless of the severity of your slip and fall injury accident, you have a right to seek legal help in order to protect your right to justice and compensation. Chhabra, Gibbs & Gustavis, P.A. will work tirelessly to hold those responsible for your injuries accountable for their actions.

Types of Slip and Fall

Several types of incidents fall under slip and fall accidents. These incidents may include:

• Spills left on a grocery store floor;
• Defective stairways;
• Floor or building collapse;
• Porch or balcony collapse or railing failures;
• Tripping and falling as a result of uneven surfaces;
• Unsecured carpeting;
• Swimming pool injuries;
• Injuries caused by poor lighting;
• Items falling from grocery store shelves;
• Debris and objects left in pathways.
• Broken or missing handrails;
• Potholes and cracked pavement in parking lots;
• Leaking coolers, freezers, or roofs; and
• Rain or ice tracked into entryways without mats or warning signs.

Common Slip and Fall Injuries

Several types of injuries fall under slip and fall accidents. These injuries may include:

• Sprains;
• Strains;
• Fractures;
• Brain injury;
• Neck and spinal cord injuries;
• Concussions;
• Lacerations;
• Facial injuries;
• Nerve damage;
• Contusions.
• Hip fractures, which are especially dangerous for older adults; and
• Knee, shoulder, and wrist injuries from bracing against the fall.
  
  Some fall injuries, such as concussions and herniated discs, do not show symptoms right away. Getting a prompt medical evaluation protects your health and creates a record that links your injuries to the fall.

If You Are Injured in a Slip and Fall, Here Is What You Should Remember:

1. Get medical care right away, even if you feel fine.
2. Report the fall to the store manager, landlord, or property owner and ask for a copy of the incident report.
3. Always take detailed pictures of the scene
4. Always write down names and contact information for witnesses.
5. Never give a recorded statement to the property owner’s insurance company before speaking with a lawyer.
6. Save shoes and clothing as necessary.
7. Document every detail you can remember, and ask the property owner to preserve any security camera footage.
8. Keep every medical bill, pay stub, and receipt related to your injury.

Mississippi Slip and Fall Laws: What Every Victim Should Know

Mississippi has specific rules that shape every slip and fall claim. Understanding them early can protect the value of your case.

Deadline to file (statute of limitations). Most Mississippi slip and fall lawsuits must be filed within three years of the date of the fall under Miss. Code Ann. § 15-1-49. Different rules can apply if the injured person is a minor. Waiting too long can permanently bar your claim.

Falls on government property. If you fell on property owned by a city, county, or state agency, the Mississippi Tort Claims Act applies. You generally must serve a written notice of claim at least 90 days before filing suit, and the lawsuit is generally due within one year (Miss. Code Ann. § 11-46-11). Recovery limits also apply.

Proving the owner knew about the hazard. Mississippi law does not make a business the insurer of its customers’ safety. To win, you usually must show that the owner or its employees created the dangerous condition, actually knew about it, or that it existed long enough that they should have found and fixed it (constructive notice). Evidence such as surveillance video, cleaning logs, footprints or cart tracks through a spill, and prior complaints can make the difference.

Comparative fault. Mississippi follows a pure comparative fault rule (Miss. Code Ann. § 11-7-15). If you are found partly at fault, for example for looking at your phone, your compensation is reduced by your percentage of fault, but you can still recover.

Open and obvious hazards. Insurers often argue that a hazard was “open and obvious.” Since Tharp v. Bunge Corp. (Miss. 1994), that argument is not an automatic defense in Mississippi; it is weighed as part of comparative fault.

Who Can Be Held Liable for a Slip and Fall in Mississippi?

More than one party may share responsibility for a fall, including:

• Property owners, including stores, restaurants, hotels, and casinos;
• Landlords and property management companies;
• Tenants who control the area where the fall happened;
• Cleaning, maintenance, and snow or ice removal contractors;
• Construction companies working on the premises; and
• Cities, counties, and state agencies (subject to the Mississippi Tort Claims Act).

If you were hurt in a fall while on the job, you may have a workers’ compensation claim and a separate third-party claim against a property owner or contractor.

Compensation Available in a Mississippi Slip and Fall Case

Depending on the facts, you may be able to recover:

• Past and future medical expenses;
• Lost wages and reduced earning capacity;
• Pain and suffering;
• Emotional distress and loss of enjoyment of life;
• Permanent disability or disfigurement; and
• Damaged personal property, such as eyeglasses or a phone.

Mississippi caps noneconomic damages, such as pain and suffering, at $1,000,000 in most civil cases (Miss. Code Ann. § 11-1-60). There is no cap on economic damages like medical bills and lost income. If a fall was fatal, the family may be able to bring a wrongful death claim.

FAQs

How Long Do I Have to File a Slip and Fall Lawsuit in Mississippi?

In most cases, you have three years from the date of the fall to file a slip and fall lawsuit in Mississippi under Miss. Code Ann. § 15-1-49. If the fall happened on city, county, or state property, much shorter Mississippi Tort Claims Act rules apply: you generally must give written notice at least 90 days before suing and file within one year. Speak with a lawyer early so evidence such as video footage is not lost.

Can I Still Recover Compensation if I Was Partly at Fault for My Fall?

Yes. Mississippi follows a pure comparative fault rule, so you can recover damages even if you were partly responsible for the fall. Your award is reduced by your share of fault. For example, if your damages are $100,000 and you are found 20% at fault, you can recover $80,000.

What Do I Need to Prove in a Mississippi Slip and Fall Case?

You must prove that the property owner owed you a duty of care, breached that duty by failing to fix or warn about a dangerous condition, and that the breach caused your injuries and damages. For most business falls, you must also show the owner created the hazard, knew about it, or should have known about it because it existed long enough to be discovered.

How Much Is a Slip and Fall Case Worth in Mississippi?

The value of a slip and fall case depends on the severity of your injuries, your medical bills, lost income, long-term effects, and how clearly the owner was at fault. Mississippi caps noneconomic damages such as pain and suffering at $1,000,000 in most cases, but there is no cap on economic losses. Chhabra, Gibbs & Gustavis, P.A. has recovered $1,058,180 for a slip and fall client; past results do not guarantee future outcomes.

Do I Need a Lawyer for a Slip and Fall Claim in Mississippi?

You are not required to hire a lawyer, but a slip and fall lawyer can significantly improve your chances of a fair recovery. Property owners and their insurers often deny that they knew about the hazard or blame the victim. An attorney can preserve evidence, prove notice, value your claim, and negotiate or go to trial. Chhabra, Gibbs & Gustavis, P.A. offers free consultations and charges no fee unless we win.

Why Choose Chhabra, Gibbs & Gustavis, P.A.?

Our attorneys have represented injured Mississippians for decades from offices in Jackson and Gulfport. Our premises liability and fall results include:

• $1,058,180 – slip and fall causing injuries to both legs
• $1,028,287 – workers’ compensation and slip and fall claim for a caregiver injured in a patient’s home
• $2,907,000 – personal injury claim for a three-year-old who fell from a second-story window

Past results do not guarantee a similar outcome. See more case results [link: /case-results/].

We handle slip and fall cases on a contingency fee basis, so you pay no attorney’s fees unless we recover compensation for you. We investigate quickly, send preservation letters for video and maintenance records, work with medical experts, and are prepared to take your case to trial if the insurance company will not make a fair offer.

After an injury, it’s important to determine if your case satisfies all of the elements of a negligent slip and fall claim. First, did the property owners owe you a reasonable duty of care? Second, did the property owner breach that duty of care? Third, did that breach in the duty of care result in your injury accident? Finally, were you physically harmed? If all of those elements are satisfied, you could have a premises liability lawsuit against the property owner. Many other types of injuries may also fall under a slip and fall in Mississippi. If you’ve been injured on someone else’s premises and aren’t sure whether you have a slip and fall case, call Chhabra, Gibbs & Gustavis, P.A. today for your free consultation.