Slip and Fall Attorney in Pascagoula
Everyone has slipped and fallen at some point in their lives. Many people regard slips, trips and falls as minor incidents, and in many cases, they are. There are times, however, when a fall can result in serious and catastrophic injuries. When this happens while visiting the property of another party, it could become a premises liability claim. If this has happened to you, it is important to speak with an experienced personal injury lawyer, so you understand your legal options.
For four decades, Gardner Law Firm has successfully represented slip and fall victims in Pascagoula and communities throughout southern Mississippi. Our lawyers understand the complexities of these types of cases, and we know what it takes to prevail against even the most well-funded adversaries. We are a client-centered and results-oriented firm, and we fight hard to ensure that our clients receive just compensation and that those responsible for their injuries are held fully accountable.
Slip, trip, and fall injuries can occur in all types of residential and commercial settings. These include:
- Private Residences
- Apartment Complexes
- Malls and Retail Shops
- Grocery Stores
- Wholesale Clubs
- Home Improvement Stores
- Stadiums and Arenas
- Hotels and Resorts
- Amusement Parks
- Day Care Centers
- Office Buildings
- Construction Sites
- Nursing Homes
- Government Buildings
Types of Slip and Fall Injuries that Occur in Pascagoula
Owners and occupants are supposed to inspect their properties on a regular basis and warn those who are visiting of any hazardous conditions. Once they are aware that a hazard exists, they are supposed to take reasonable measures to address it. Unfortunately, many property owners/occupants fail in this duty, exposing visitors to many types of dangers.
Some common property hazards include:
- Uneven Surfaces
- Spilled Food or Drinks
- Wet and Slippery Floors
- Torn Carpets
- Loose Flooring
- Loose Handrails
- Broken Stairs
- Malfunctioning Escalators
- Cluttered Floors
- Cracks in Sidewalks and Parking Lots
- Poor Lighting
These hazards can lead to accidents with severe injuries, such as:
- Head and Brain Injuries
- Spinal Cord Injuries
- Neck and Back Injuries
- Soft Tissue Injuries
- Broken Bones
- Internal Injuries
- Wrongful Death
Slip and fall accidents can be more serious for those who are most vulnerable. For example, younger children, disabled, and elderly individuals tend to sustain more severe injuries from this type of accident.
Did You Have a Right to Be on the Property?
When deciding whether or not you have a premises liability case for an injury sustained on another party’s property, one of the first things to look at is what type of property visitor you were. In Mississippi, property visitors are generally divided into three different categories:
- Invitee: This is someone who has been invited to be on the property. Owners owe the highest duty of care to invitees. Examples of invitees include customers, tenants, hotel/resort guests, and employees. Owners/occupants are required to keep the property safe through reasonable care and maintenance for these types of visitors.
- Licensee: This is someone who has implied permission to be on a property. Examples include mail carriers, salespersons, social guests, and neighbors. Owners/occupants owe a lower duty of care to licensees. They only are required to warn licensees of all known risks or hazards they may encounter on the property and refrain from willful or wanton misconduct that would do them harm.
- Trespasser: Since trespassers do not have a legal right to be on the property and owners/occupants are likely not aware of their presence, they are owed very little duty of care. The only obligation owners/occupants have is to refrain from willful or wanton misconduct or entrapment.
Slip and Fall Injury Claims in Mississippi
If you suffered an injury on another party’s property, you may be entitled to compensation. To be successful, you will need to prove the following:
- The owner/occupant owed you a duty of care;
- The owner/occupant breached the duty owed to you;
- Their breach was the direct cause of your injuries;
- Your injuries resulted in compensable damages.
The success of your case is likely to hinge on who is determined to be responsible for the incident, and what percentage of responsibility each party holds. Property owners often attempt to shift the blame to injury victims by making claims such as:
- The dangerous or hazardous condition was clearly marked;
- The dangerous or hazardous condition was open and obvious to a reasonable person;
- The injury victim was not watching where they were going;
- The injury victim was in a restricted area of the property;
- The owner/occupant was not aware of the danger or hazard.
Mississippi uses the “pure comparative negligence” doctrine in personal injury cases. This means that the amount of damages a plaintiff can collect are reduced proportionate to the percentage they are at fault. For example, if there are $15,000 in total damages in the case and the plaintiff is determined to be 40% at fault, their compensation would be reduced by $6,000 (40%), giving them a total of $9,000.
To be successful in a slip and fall case, it is important to retain as much documentation as possible. Take multiple photos of the incident clearly showing the property hazards and injuries sustained. Obtain the contact information of anyone who witnessed the incident (preferably witnesses who are not employed by the defendant). Finally, get in touch with our firm as soon as possible. We will thoroughly review the circumstances and put together the strongest possible case to ensure that you receive the maximum compensation for your injuries.
Slip and Fall Injuries at Work
If you were injured on the property of a third party in the Pascagoula area, that is likely to be a premises liability case. Injuries that occur at work are another matter. Most employers in Mississippi are required to carry workers’ compensation insurance. If the slip and fall occurs at the jobsite, it is the fault of you or your employer (not the fault of a third party), and your employer is insured, the first step would be to file a workers’ comp claim. We can look at your case to determine whether or not it would fall under workers comp, and if so, we can assist you with that process as well.
Speak with a Seasoned Pascagoula Slip and Fall Lawyer
Slip, trip and fall cases can be complicated and difficult to prove. There are many unique factors that determine the success or failure of these types of cases, making it even more critical to retain experienced legal counsel. At Gardner Law Firm, we know the ins and outs of these types of cases, and we have the skills, resources, and dedication to secure the most favorable outcome possible for each client we serve.
To schedule a free consultation with one of our attorneys, contact us today by sending a confidential message, calling us at 228-762-6555 or visiting our Pascagoula office on Canty Street.