When you are walking around in public or out running errands in Mississippi, you are most likely stepping onto someone else’s property. Assuming your presence in the store is lawful, the store owner owes you and other business invitees a duty to keep the property reasonably safe from defects. Despite this responsibility, many people slip and fall and suffer serious injury while out on the town. Those injured in a slip-and-fall accident can file a personal injury claim against the parties responsible for their injuries.
Claiming negligence after a slip-and-fall
Most retail slip-and-fall accidents are caused by the negligence of one or more parties. Negligence occurs when a party breaches its duty owed to another party and as a result, causes the other party to suffer injury. To prove negligence after a slip-and-fall at a store, you must establish:
- Duty – Store owners owe a duty to business invitees (shoppers) to maintain the premises in the reasonably safe condition.
- Breach of duty – Store owner breached the duty owed to business invitees by failing to repair or remedy a known defect or dangerous condition on the premises or a defect they should have known about. Some examples of a breach may include a failure to clear a sidewalk or walkway of snow and debris, failure to properly secure shelving, or failure to clean up spills.
- Causation – Store owner’s negligence directly and proximately caused the accident and the shopper’s injuries
- Damages – The shopper suffered personal injuries and damages as a result of the accident.
Additionally, store owners can be held vicariously liable for the negligence of their employees under the legal doctrine of respondeat superior.
If an injured shopper can establish that the store was negligent, the store may liable for damages to cover the shopper’s medical expenses, lost wages, and pain and suffering. A personal injury attorney can help file your premises liability suit and help you recover the compensation you deserve after your accident.