A slip and fall accident can happen in an instant, transforming a simple errand into a life-changing event. From a slippery floor in a grocery store to a damaged sidewalk in a parking lot, dangerous conditions can lead to serious injuries such as broken bones, spinal damage, or head trauma. 

If you have been injured, you might think the property owner is automatically responsible. However, Mississippi law has a crucial concept that can greatly affect your claim: comparative negligence.

Understanding Premises Liability in Mississippi

Before discussing comparative negligence, it is important to understand property owners’ responsibility. Under Mississippi premises liability law, property owners and businesses have a legal duty to maintain their property in a reasonably safe condition for visitors. This includes fixing hazardous conditions or providing adequate warnings about them.

• Common dangerous conditions that can lead to slip and fall accidents include:
• Wet or slippery floors with no signage
• Uneven or cracked walking surfaces
• Poor lighting in stairwells and walkways
• Loose carpeting or floorboards
• Cluttered aisles

To have a valid claim, you must prove that the property owner was aware, or should have been aware, of the dangerous condition and did not take reasonable measures to address it.

What is Comparative Negligence?

In many personal injury cases, the defense may argue that the injured party shares some responsibility for the accident. This is addressed in Mississippi through a legal concept known as “pure comparative negligence”.

As outlined in Mississippi Code § 11-7-15, in any lawsuit for damages caused by negligence, a jury will determine the percentage of fault for each party involved. The total compensation awarded to you will then be reduced based on your percentage of fault.

Here’s a simple example. Suppose you slipped on a wet floor in a grocery store that had recently been mopped. A jury found that your total damages were $100,000 but determined that you were 20% at fault for not paying attention while looking at your phone. Under Mississippi’s comparative negligence rule, your recovery would be reduced by 20%, leaving you with $80,00

How the Insurance Company Uses Comparative Negligence Against You

Insurance adjusters in Mississippi are well-versed in the state’s comparative negligence laws and may try to shift blame on the victim. They might argue that the person was:

• Distracted (for example, using their phone)
• In an area where they shouldn’t have been
• Wearing inappropriate footwear
• Rushing and not paying attention to where they were going.

Their goal is to increase their percentage of fault, which would reduce the amount they need to pay. Even a small finding of 10% or 20% fault could result in significant financial loss for you and your family.

Protecting Your Claim: The Importance of Evidence and Advocacy

Due to the comparative negligence rule, simply showing that a hazard existed was not enough. A successful case required a strategic approach to prove the property owner’s primary responsibility and to minimize any allegations of fault against the property owner.

This involves gathering compelling evidence, including:

• Photographs and videos of the hazardous condition and the surrounding area
• Incident reports filed with the property manager
• Witness statements from anyone who saw the accident or the dangerous condition
• Maintenance records that may show the owner’s knowledge of the problem
• Expert testimony to establish safety standards and the owner’s breach of duty

An experienced attorney knows how to anticipate and counter the arguments of the insurance company. We work hard to build a strong case that clearly establishes the liability of the property owner and protects your right to full and fair compensation for medical expenses, lost wages, and pain and suffering.

Don’t Let a Shared Fault Allegation Derail Your Recovery

A slip and fall injury can lead to a lot of medical bills and a lot of stress. You don’t want the insurance company to use comparative negligence to deny you compensation. At Gregory D. Keenum, PA, we have over 49 years of experience helping clients in Booneville and throughout Mississippi to navigate the complexities of personal injury law. We believe that an informed client is a more empowered client.

Contact Gregory D. Keenum, PA today for a consultation to discuss your case.