No one expects to suffer a serious accident when eating a meal at a restaurant, shopping, running errands, or visiting a friend at their home. Still, a dangerous condition may be hiding where you least expect it. When a negligent property owner fails to maintain safe premises, a slip and fall accident can lead to devastating consequences for those injured.
If you suffered injuries in a slip and fall accident, it’s important to remember you have options for recovery against the property owner. Read on to learn more about slip and fall accidents and how a Gulfport slip and fall attorney can help you get the compensation that will cover your losses and enable you to move forward in your life. Don’t hesitate to contact Smith & Holder, PLLC today.
What Is a Slip and Fall Accident?
Slip and fall accidents occur when a person suffers injury on public or private property. Slip and fall accidents range in severity, and the most common circumstances leading to slip and fall accidents include the following:
- Slippery floors;
- Cluttered hallways, aisles, and other walkways;
- Staircases and ramps with loose tread or handrails;
- Uneven surfaces;
- Unstable surfaces; and
- Poorly lit areas.
Slip and fall accidents are a complex area of personal injury law, so it’s essential to speak to a Gulfport slip and fall lawyer to explore your financial recovery options.
Common areas where these hazards may be found include the following:
- Sidewalks and parking lots,
- Restaurants,
- Movie and music theaters,
- Stadiums,
- Amusement parks,
- Nursing homes,
- Offices,
- Construction sites, and
- Private homes.
Understanding where your accident occurred helps determine who is responsible for your injuries.
Mississippi Premises Liability Law
Mississippi’s premises liability laws identify individuals as either licensees, trespassers, or invitees. The duty an owner or business owes to an injured person depends on their classification.
Trespasser
Trespassers enter a property without a license, invitation, or right to be there. A property owner only owes a trespasser the duty not to harm them willfully. If you slip and fall on an uneven sidewalk as a trespasser, it is unlikely you can recover compensation from the property owner.
Licensee
A licensee enters a property for their convenience, benefit, or pleasure subject to a license or implied permission of an owner. An example of a licensee is a postal worker, a utility worker performing work, or a friend stopping by unannounced. A property owner or operator owes a licensee a duty to keep these visitors reasonably safe from hazards. If you are classified as a licensee and are injured on another’s property, the property owner could be held responsible for your injuries. A slip and fall lawyer in Gulfport understands how to establish the property owner’s liability so you obtain the compensation you deserve.
Invitees
Invitees are owed the highest standard of care and include those invited onto the premises for business purposes. A common example is a grocery or other store that invites customers into its establishment. Such a property owner must provide reasonably safe premises and warn the invitee of dangerous conditions that are not immediately apparent. As an invitee, you are in the best possible position to obtain compensation for your losses and injuries.
How Do You Prove Liability in a Slip and Fall Accident?
Once your slip and fall attorney in Gulfport establishes your correct classification, they must prove that the property owner was negligent in maintaining the safety of their property. Proving negligence requires establishing the following four elements:
- Duty—the property owner owed you a duty of care to keep their property reasonably safe;
- Breach—the property owner breached this duty of care and failed to keep their property safe;
- Causation—the injuries you suffered in your slip and fall accident were directly connected to the property owner’s breach of their duty of care; and
- Damages—as a result of your accident, you suffered harm and losses.
The specific requirements for the duty owed to different classifications of individuals substantially impact whether a property owner is liable for your injuries. The location and your subsequent injuries do not automatically make a property owner responsible for your harm. Your Gulfport slip and fall attorney works to hold the appropriate party responsible so you recover the financial compensation you need to move on with your life.
What to Do After a Slip and Fall Accident
After an unexpected slip and fall, it’s difficult to have the clarity of mind to both preserve evidence and also ensure your health and safety. Read on to learn the most important steps to take after a slip and fall.
Report the Accident
Report the accident to the owner of the property as soon as possible. Obtain details of the incident in writing and ask the owner, manager, or operator to make a written report of the accident.
Seek Medical Attention
You must seek medical attention immediately after your slip and fall accident. Medical records detailing your injuries are vital to connect the accident to your harm and support your claim for compensation.
Document Everything
Collect important names, addresses, and telephone numbers of involved parties and potential witnesses. Additionally, write down your recollection of events leading up to your accident. If possible, take photographs of the scene and your injuries to preserve evidence of when the event occurred.
Speak to an Attorney
If you are considering legal action for the harm you suffered, speak to a slip and fall lawyer in Gulfport as soon as possible to start the steps for filing a lawsuit. Many injured victims feel frozen and frustrated by their mounting medical expenses for injuries sustained through no fault of their own. An attorney is there to help you, and the sooner they can get started on your case, the sooner you can get the financial support you and your family need.
Contact Us
Smith & Holder, PLLC is a trial and appellate firm renowned for taking on and winning cases for their clients when they need it most. Our highly skilled legal team focuses on providing excellent service through close communication and effective legal strategies. When you reach out to us, we take a creative and strategic approach to securing maximum compensation. We negotiate tirelessly for a just settlement—but if negotiations fail to progress, we are fully prepared to litigate your case at trial. In short, you owe it to yourself to discuss your rights with our legal team. Contact us today by phone or email to schedule a consultation and find out how we can assist you!