Category Archives: Premises Liability

Posted on by

Personal injury cases can arise from a wide range of accidents and incidents in Jackson, Mississippi. Understanding the common types of personal injury cases is essential, as it helps individuals recognize when they may have a valid claim for compensation. In this article, we will explore some of the most prevalent types of personal injury cases in Jackson, MS.

1. Car Accidents: Car accidents are one of the most common causes of personal injury in Jackson. These accidents can result from various factors, including distracted driving, speeding, drunk driving, or reckless behavior. Victims of car accidents often pursue compensation for medical expenses, lost wages, property damage, and pain and suffering.

2. Slip and Fall Accidents: Slip and fall accidents can happen in public places, private residences, or commercial establishments due to hazardous conditions like wet floors, uneven surfaces, or inadequate lighting. Property owners or managers may be held responsible for injuries sustained on their premises.

3. Medical Malpractice: Medical malpractice occurs when a healthcare professional’s negligence leads to harm or injury to a patient. This can include misdiagnosis, surgical errors, medication mistakes, or inadequate care. Victims of medical malpractice may seek compensation for medical expenses, lost income, and pain and suffering.

4. Product Liability: Product liability cases involve injuries caused by defective or dangerous products. This can include faulty automobiles, defective pharmaceuticals, or poorly designed consumer goods. Manufacturers, distributors, and sellers may be held liable for injuries caused by their products.

5. Dog Bites: Dog bite incidents can result in severe injuries, both physical and emotional. Mississippi follows a strict liability rule, meaning that dog owners can be held responsible for injuries caused by their dogs, even if the dog had no prior history of aggression. Victims of dog bites can seek compensation for medical bills and pain and suffering.

6. Workplace Accidents: Workplace accidents can lead to injuries, illnesses, or even fatalities. Workers’ compensation laws in Mississippi provide benefits to employees injured on the job. In some cases, third-party liability claims may be pursued against parties other than the employer if their negligence contributed to the workplace injury.

7. Nursing Home Abuse: Cases of nursing home abuse and neglect can result in physical injuries, emotional trauma, or medical complications for elderly residents. Families of nursing home residents can file personal injury claims to seek justice and compensation for their loved ones.

8. Construction Accidents: Construction sites are inherently dangerous, and accidents can happen due to falls, equipment malfunctions, or unsafe conditions. Injured construction workers may be eligible for workers’ compensation benefits or pursue third-party liability claims.

Recognizing the common types of personal injury cases in Jackson, Mississippi, is vital for anyone who has suffered harm due to someone else’s negligence or wrongdoing. If you or a loved one has been injured in any of these situations, it’s essential to consult with an experienced personal injury attorney in Jackson, MS, who can assess your case and guide you through the legal process to seek the compensation you deserve.

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation. We will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of a personal injury in Mississippi, and we are here to help. Call us today to speak with Personal Injury Attorney Bill Kellum and take the first step towards justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

Posted on by

Personal injury cases in Mississippi are governed by a set of laws and regulations that determine how claims are handled, who is responsible for injuries, and what compensation may be available to victims. This article aims to provide a comprehensive understanding of Mississippi’s personal injury laws, shedding light on key principles and important aspects of the legal framework. It’s important to note that these laws are subject to change, so consulting an attorney for the most up-to-date information is advisable.

  • Statute of Limitations:
    • Mississippi has specific time limits, known as statutes of limitations, within which you must file a personal injury lawsuit. Generally, the statute of limitations for most personal injury cases is three years from the date of the injury or accident.
    • Failing to file within this timeframe may result in your claim being barred.
  • Comparative Fault:
    • Mississippi follows a comparative fault system. This means that even if you are partially at fault for your injury, you can still recover damages. However, your recovery may be reduced in proportion to your level of fault. For example, if you are found 20% at fault for an accident and awarded $10,000 in damages, your recovery will be reduced to $8,000.
  • Auto Insurance Requirements:
    • Mississippi law mandates that all drivers carry liability insurance coverage. The minimum coverage requirements are $25,000 for bodily injury per person, $50,000 for bodily injury per accident, and $25,000 for property damage.
    • Uninsured motorist coverage is also required unless it is explicitly rejected in writing.
  • 4. Dog Bite Liability:
    • Mississippi follows a strict liability rule for dog bite cases. This means that a dog owner can be held liable for injuries caused by their dog, regardless of whether the dog had shown previous aggressive behavior.
    • The owner may be held responsible for medical expenses, pain and suffering, and other damages resulting from the dog bite.
  • 5. Premises Liability:
    • Property owners in Mississippi have a duty to maintain their premises in a reasonably safe condition. If a person is injured due to a hazardous condition on someone else’s property, the property owner may be held liable.
    • Visitors are categorized as invitees, licensees, or trespassers, and the level of care owed by the property owner varies accordingly.
  • 6. Damages:
    • In personal injury cases, damages may include medical expenses, lost wages, pain and suffering, property damage, and more.
    • Mississippi places a cap on non-economic damages in medical malpractice cases at $500,000.
  • 7. Wrongful Death Claims:
    •  Mississippi allows surviving family members to file wrongful death claims when a loved one dies due to another party’s negligence.
    • Damages in wrongful death cases may include funeral expenses, loss of companionship, and financial losses incurred due to the death.

Understanding Mississippi’s personal injury laws is essential when pursuing a claim for damages. These laws are designed to protect the rights of injured individuals and hold negligent parties accountable. If you’re involved in a personal injury case in Mississippi, it’s advisable to consult with an experienced attorney who can provide legal guidance tailored to your specific situation.

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation. We will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of a personal injury in Mississippi, and we are here to help. Call us today to speak with Attorney Bill Kellum and take the first step towards justice.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000
DIRECTIONS

Posted on by

It has long been established that an individual who rents from another is an “invitee” and is owed a duty of ordinary care by the landlord to keep the premises reasonably safe.  Mississippi courts have held that a person who is on the rental property at the invitation of the tenant is owed the same duty.  In Joiner v. Haley, 777 So.2d 50, 52 (Miss. App.2000), the Court stated that “it would appear that an invited guest on the premises of rental property would be afforded the same protections extended to the tenant.” The Court also noted that in multi-unit apartment buildings, where the owner expressly or impliedly reserves parts for common use, “[i]t is the landlord’s duty to keep safe such parts over which he reserves control, and, if he is negligent in this respect, and personal injury results to a tenant or to a person there in the right of the tenant, he is liable in tort.” Lucas v. Miss. Hous. Auth. No. 8, 441 So.2d 101, 103 (Miss. 1983) (quoting Turnipseed v. McGee, 236 Miss. 159, 109 So.2d 551 (1959)).

Posted on by

“The ownership, control, or occupancy of a thing”, most frequently land or personal property, by a person.The U.S. Supreme Court has held that “there is no word more ambiguous in its meaning than possession” (National Safe Deposit Co. v. Stead, 232 U.S. 58, 34 S. Ct. 209, 58L. Ed. 504 [1914]). The term “possession” has a variety of possible meanings. As a result, possession,or lack of possession, is often the subject of controversy in civil cases involving real and personal property and criminal cases involving drugs and weapon

Posted on by

An Indemnity Agreement is a contract provision wherein one party to the contract agrees to pay costs incurred by the other party to the contract as a result of the other party being held liable to a third party or having to defend against a claim filed by a third party.  Mississippi Code § 31-5-41 (1972) provides:

“With respect to all public or private contracts or agreements, for the construction, alteration, repair or maintenance of buildings, [or] structures…every covenant, promise and/or agreement contained therein to indemnify or hold harmless another person from that person’s own negligence is void as against public policy and wholly unenforceable.”

In the the case of Illinois Cent. Gulf R. Co. v. International Paper Co. the Mississippi Supreme Court held that this statute deals expressly with “work dealing with construction” and does not extend beyond the construction context. Id. 824 F.2d 403 (5th Cir. 1987). However, a “hold harmless”  provision will be enforced as long as a party is not seeking to recover for the party’s own negligence. American Cyanamid Co. v. Campbell Const. Co., 864 F. Supp. 580 (S.D. Miss. 1994).

Posted on by

One ground upon which a lawsuit may be dimissed is that of forum non conveniens.  A defendant may present arguments that the venue in which the lawsuit was filed is improper due to lack of access to witnesses and evidence.  In determining whether to grant a motion to dismiss an action or to transfer venue under the doctrine of forum non conveniens, the court shall give consideration to the following factors:

(i) Relative ease of access to sources of proof;

(ii) Availability and cost of compulsory process for attendance of unwilling witnesses;

(iii) Possibility of viewing of the premises, if viewing would be appropriate to the action;

(iv) Unnecessary expense or trouble to the defendant not necessary to the plaintiff’s own right to pursue his remedy;

(v) Administrative difficulties for the forum courts;

(vi) Existence of local interests in deciding the case at home; and

(vii) The traditional deference given to a plaintiff’s choice of forum. Alston v. Pope, 112 So.3d 422 (Miss. 2013)    Miss.Code Ann. § 11-11-3(4)(a) (Rev.2004).

 

Posted on by

When bringing an action against a party, an important consideration is where to file the lawsuit.  A lawsuit will only be heard if it has been filed in the proper venue, or county.

Mississippi statute regarding proper venue provides that “Civil actions of which the circuit court has original jurisdiction shall be commenced in the county where the defendant [1] resides, or, if a corporation, in the county of its principal place of business, or in the county where a substantial alleged act or omission occurred or where a substantial event that caused the injury occurred.”  Miss.Code Ann. § 11-11-3(1)(a)(i) (Rev.2004).  In interpreting the venue statute, Mississippi Courts “specifically requires a substantial alleged act, omission, or injury-causing event to have happened in a particular jurisdiction in order for venue to be proper there.” Hedgepeth v. Johnson, 975 So.2d 235 (Miss. 2008) citing Medical Assurance Co. of Mississippi v. Myers, 956 So.2d 213 (Miss. 2007).

 

Posted on by

 Before the elimination of joint and several liability, joint tortfeasors or wrongdoers were afforded a right of contribution, with the amount of each tortfeasor’s liability in contribution determined by the tortfeasors’ relative degrees of fault. A right of contribution still exists for those whose liability is joint and several because they took part in a common plan to commit a tortious act. Miss. Code Ann. § 85-5-7(4) 

Posted on by

In a joint and several liability Mississippi civil action action based on fault, including a medical malpractice action, each tortfeasor or wrongdoer is liable only for damages allocated to them in direct proportion to their percentage of fault. Miss. Code Ann. § 85-5-7 (Westlaw 2007). Fault must be assigned to absent tortfeasors who contributed to the injury (such as persons who have settled or were not sued) and those with immunity. Id.; Blailock v. Hubbs, 919 So. 2d 126 (Miss. 2005).  This rule does not apply to acts committed with specific wrongful intent or as part of a common plan to commit a tortious act. § 85-5-7(1) and (4).