Mississippi Apartment Balcony Fall Injury Lawsuits: What You Need to Know

Apartment balcony falls can be devastating, leading to severe injuries or even fatalities. In Mississippi, landlords and property managers have a duty to maintain safe premises for their tenants and visitors. When they fail in this duty, and an injury occurs, the injured party may have grounds for a personal injury lawsuit. This article will explore the legal landscape surrounding Mississippi apartment balcony fall injury lawsuits, including relevant statutes, common accident scenarios, types of injuries, the legal process, and how the Kellum Law Firm, P.C., can help you secure the compensation you deserve.

Understanding the Issue

Mississippi’s premises liability laws place a legal obligation on property owners and managers to ensure their properties are safe. When a balcony isn’t properly constructed, inspected, or maintained, it poses a significant risk. Common issues that lead to balcony falls include:

• Rotted or weak wood
• Loose or damaged railings
• Improper construction or installation
• Overloaded weight capacity
• Inadequate maintenance or repairs

In many instances, landlords may neglect their duty to conduct regular inspections or make necessary repairs, leaving tenants and visitors vulnerable to catastrophic accidents.

Relevant Mississippi Statutes

In Mississippi, personal injury claims, including apartment balcony falls, are governed by the state’s premises liability laws. The central statutes to consider are:

• Mississippi Code § 11-7-17: This statute addresses the concept of comparative negligence. It means that if an injured party is partially at fault, their compensation may be reduced by their percentage of fault.
• Mississippi Code § 15-1-49: This is the statute of limitations for personal injury claims, which gives injured parties three years from the date of the accident to file a lawsuit. If you miss this deadline, you may lose your right to pursue compensation.
• Mississippi Uniform Building Code: These regulations outline safety standards for construction and maintenance. If a balcony doesn’t comply with these codes, it can serve as evidence of negligence in a personal injury lawsuit.

Understanding these statutes is crucial for any individual seeking compensation for a balcony fall injury in Mississippi.

Common Accident Scenarios in Balcony Falls

Several scenarios can lead to balcony falls, each presenting unique challenges in establishing liability. Here are the most common ones:

1. Structural Failure: Balconies may collapse if they aren’t built to code or are not adequately maintained. Property owners can be held liable if they knew or should have known about the structural deficiencies.
2. Defective Railings: Railings that are loose, broken, or improperly installed can give way, leading to falls. Landlords have a responsibility to fix these defects.
3. Overcrowding: When a balcony is subjected to more weight than it’s designed to handle, it can collapse. In such cases, determining liability can involve examining whether the property owner failed to post weight limits or warn tenants.
4. Slippery Surfaces: Wet or icy surfaces can cause slips and falls. Landlords must take reasonable steps to prevent such hazards or warn tenants about them.

Types of Injuries and Fatalities

Balcony falls often result in severe injuries, given the height and force of the impact. Common injuries include:

• Traumatic Brain Injuries (TBIs): A fall can cause serious head injuries, leading to long-term cognitive and physical impairments.
• Spinal Cord Injuries: These injuries can result in partial or complete paralysis, drastically affecting an individual’s quality of life.
• Broken Bones: Fractures of the arms, legs, ribs, or pelvis are common in falls from a height.
• Internal Injuries: The force of a fall can cause damage to internal organs, leading to life-threatening conditions.
• Fatalities: Unfortunately, some balcony falls result in death, making the family eligible for a wrongful death claim.

Potential Damages and Compensation

Victims of balcony falls may be entitled to several types of damages, including:

• Medical Expenses: Covers current and future medical treatment, hospital bills, surgeries, rehabilitation, and medication.
• Lost Wages: If the injury prevents you from working, you can claim compensation for lost income and diminished earning capacity.
• Pain and Suffering: Non-economic damages for the physical pain and emotional distress caused by the injury.
• Loss of Enjoyment of Life: Compensation for the impact the injury has on your ability to enjoy daily activities.
• Wrongful Death Damages: In fatal cases, the victim’s family may be entitled to funeral expenses, loss of financial support, and loss of companionship.

The Personal Injury Lawsuit Process in Mississippi

The process of pursuing a balcony fall injury lawsuit typically involves the following steps:

1. Consultation with a Personal Injury Attorney: Discuss your case with an experienced lawyer who will assess the facts and determine the strength of your claim.
2. Investigation: Your attorney will gather evidence, including photos of the accident scene, witness statements, and maintenance records, to build a compelling case.
3. Filing the Claim: Your attorney will file a lawsuit in the appropriate court within the three-year statute of limitations.
4. Discovery Phase: Both parties exchange information and evidence, including depositions and interrogatories.
5. Settlement Negotiations: Most cases settle before trial. Your attorney will negotiate with the at-fault party’s insurance company to secure a fair settlement.
6. Trial: If a settlement isn’t reached, your case will proceed to trial, where your attorney will present evidence and argue your case before a judge or jury.

Why You Need an Experienced Mississippi Personal Injury Lawyer

Apartment balcony fall cases are complex, often requiring a thorough understanding of building codes, liability laws, and insurance tactics. An experienced attorney will help you:

• Gather crucial evidence
• Identify all liable parties
• Maximize your compensation
• Navigate legal procedures

Kellum Law Firm, P.C. vs. “Big Advertiser” Injury Law Firms

Unlike larger firms that may treat you as just another case, Kellum Law Firm, P.C. provides personalized attention. We understand the nuances of Mississippi law, and our small-firm approach means we dedicate the time and resources necessary to pursue full compensation for your injuries.

FAQs About Mississippi Apartment Balcony Fall Injury Lawsuits

What should I do immediately after a balcony fall accident?
Seek medical attention right away, even if you think your injuries are minor. Report the accident to your landlord, take photos of the scene, and gather witness contact information. Contact an attorney to protect your rights.

Can I still file a lawsuit if I was partially at fault for the fall?
Yes, Mississippi follows a comparative negligence rule. As long as you’re less than 50% at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault.

How long does it take to resolve a balcony fall injury case?
The timeline varies depending on the complexity of your case, the willingness of the parties to settle, and whether the case goes to trial. It can take anywhere from several months to a few years.

What if the balcony wasn’t in my apartment?
You may still have a claim if the balcony was on someone else’s property, such as a friend’s apartment or a public space. The property owner’s duty to maintain safe premises applies regardless of whether you’re a tenant or visitor.

Can I file a wrongful death claim if my loved one died from a balcony fall?
Yes, the deceased’s surviving family members may pursue a wrongful death claim to seek compensation for funeral expenses, loss of financial support, and emotional suffering.

Why Choose Kellum Law Firm, P.C.

At Kellum Law Firm, P.C., we have a proven track record of successfully representing injury victims throughout Mississippi. Our firm stands out because:

• We provide individualized attention to every client
• We have extensive experience handling premises liability cases
• We understand the unique challenges of Mississippi laws
• We aggressively pursue full compensation for our clients
• We offer free consultations and work on a contingency fee basis

Our firm serves clients in the Mississippi Gulf Coast, The Pine Belt, Central Mississippi, Oxford, Tupelo, and North Mississippi. No matter where you are in Mississippi, we’re here to help.

FREE CONSULTATIONS OFFERED 24/7

We Represent Clients In ALL Towns, Cities, and Counties In Mississippi

If you or a loved one has suffered from an apartment balcony fall, don’t wait to seek legal help. Contact Kellum Law Firm, P.C., today for a free consultation. We’re available 24/7 at (601) 969-2709 and are dedicated to fighting for the compensation you deserve. We serve clients throughout the Mississippi and every county throughout the state of Mississippi. Let us help you secure the justice and compensation that you deserve.

We represent injury victims throughout the State of Mississippi, including the Mississippi Gulf Coast, The Pine Belt, Central Mississippi, Oxford, Tupelo, and North Mississippi.