Premises liability is a legal concept that falls under personal injury law. When a Mississippi resident is hurt in an incident on another person’s property, the victim may have a claim for their losses under premises liability theories of fault. Negligence plays an important role in a victim’s ability to plead their case and recover their damage.
The success of a premises liability claim often depends on a victim’s ability to prove negligence or fault on the part of the property owner. A dedicated personal injury attorney can help a victim do just this. This post will introduce negligence in the context of premises liability claims, but not part of this post should be read as legal advice.
The elements of negligence
Negligence is a legal concept that assigns fault to a party for another party’s losses. It is based on how a person acts in their given situation. If a person acts reasonably given their circumstances, they may not be found negligent if another party suffers harm. If, though, their actions are unreasonable or reckless, they may be liable for the harm they cause to others.
Negligence may be pleaded when one party owes a duty of care to another. When a person invites a visitor into their home or on to their land, they create a duty between them. A breach of their duty is needed to prove negligence, and a breach of duty in the context of premises liability may involve failing to make needed repairs to unsafe property features.
If a victim suffers harm due to a breach of a property owner’s duty, they must show both that their harm was caused by the property owner and that they suffered damages. Duty, breach of duty, causation, and damages are all necessary elements in premises liability negligence claims.
Possible premises liability damages
The goal of premises liability litigation is to secure damages for the victim. Damages are compensation for a victim’s losses. They can cover the actual losses a victim suffers, such as their lost wages and medical bills, as well as losses related to their suffering. Every claim based on premises liability losses is different. Victims of personal injury incidents, including premises liability accidents, can benefit from seeking the counsel of supportive local attorneys.