Premises Liability Attorneys

Serving Mississippi, Louisiana and Alabama

If you have been injured on someone else’s property, you may be entitled to compensation under premises liability laws. Premises liability law in Mississippi holds property and business owners responsible for maintaining safe conditions for customers, employees, visitors, and others who enter the property.

The Biloxi Mississippi premises liability attorneys at Reeves & Mestayer understand that injuries involved such as slip and fall as well as injuries caused by negligent security can be devastating. We have a track record of successful results in these cases and we will aggressively pursue your claim.

If you believe that you have a premises liability claim, in Biloxi or anywhere in Mississippi, talk to Reeves & Mestayer today. We are ready to fight for you.

Types of Premises Liability Accidents

Premises liability covers a wide range of accidents and injuries, such as:

• Slip and fall/trip and fall
• Swimming pool accidents
• Criminal attacks and assaults as a result of negligent security
• Overzealous security
• Injuries to children caused by attractive nuisances
• Fires
• Structure collapse
• Construction accidents
• Elevator and escalator accidents
• Falling objects
• Vending machine tip-over
• Food poisoning
• Motor vehicle accidents under certain circumstances
• Heavy equipment accidents
• Amusement park accidents

Attractive Nuisance and Child Trespassers

Mississippi property and business owners do not have a duty to provide a safe environment for adult trespassers, but child trespassers are another story. If a child trespasser is injured or killed as a result of an attractive nuisance, the property or business owner may be held liable. Examples of attractive nuisances include:

• Swimming pools
• Hot tubs
• Trampolines
• Jungle gyms
• Appliances, such as refrigerators and deep freezers
• Old cars
• Tractors
• Unattended power tools

Premises Liability and Defective Products

Premises liability cases can be complex. Our experienced Biloxi premises liability attorneys will thoroughly investigate your accident to determine the true underlying causes. In some cases we discover that a defective product was involved.

For instance, if a loved one was killed or seriously injured in a fire on someone else’s property, we may discover that a defective product caused the fire or that a defective smoke detector allowed the fire to progress to the point that you could not safely escape before your loved one was to the danger.

If a defective product caused your accident, you may have a product liability claim instead of or in addition to your premises liability claim.

If you or someone you love has been injured or killed on someone else’s property in Biloxi or anywhere in Mississippi, you need the help of dedicated and tenacious premises liability attorneys. Please, call Reeves & Mestayer, PLLC at 228-374-5151 or toll free 1-855-558-2977 or contact us online today to schedule your free initial consultation.

Types of Premises Liability Accidents in Mississippi 

Under Mississippi premises liability law, property owners and occupiers have a legal obligation to maintain their land, buildings, and structures in a reasonably safe condition. Depending on whether a visitor is classified as an invitee, a licensee, or a trespasser pursuant to general common law applied under the Mississippi Code Title 15, Chapter 1, the duty of care owed by the property owner varies, but a failure to address known hazards or dangerous conditions can result in significant legal liability under Mississippi Code § 15-1-49. 

Slip and Fall/Trip and Fall

Slip and fall or trip and fall incidents represent the absolute most common category of premises liability claims filed in Mississippi. These accidents typically occur in commercial spaces such as grocery stores, retail malls, restaurants, and hotels, as well as on public walkways and apartment complexes. A slip and fall is usually caused by transient foreign substances on the floor, such as spilled liquids, dropped food items, recently mopped walkways, or tracked-in rainwater that lacks appropriate “Wet Floor” warning signs.

Conversely, trip and fall accidents stem from structural or surface anomalies. Examples include torn or bunched carpeting, cracked sidewalks, potholes in parking lots, exposed extension cords, or abrupt changes in flooring elevation. Under Mississippi law, governed by the general three-year limitations period for personal injury actions outlined in Mississippi Code § 15-1-49, a plaintiff must generally prove that the property owner either caused the dangerous condition, had actual knowledge of it and failed to fix it, or should have known about it through the exercise of reasonable care and routine inspections. 

Swimming Pool Accidents

Swimming pools located at residential homes, apartment complexes, hotels, and community centers present severe safety risks, particularly to children, making them a frequent source of tragic premises liability litigation. Property owners who maintain swimming pools are held to a high standard of care to prevent unauthorized access and drowning incidents. 

Common liabilities associated with swimming pools include broken or missing perimeter fences, unlocked gates, lack of proper depth markers, non-compliant or missing anti-entrapment drain covers (which can trap swimmers underwater via suction), and a complete lack of life-saving equipment like rescue rings or poles. Furthermore, commercial and public pools that fail to provide competent lifeguard supervision or allow overcrowded conditions can be held directly accountable for resulting injuries or wrongful death under Mississippi Code § 15-1-49.

Criminal Attacks and Assaults as a Result of Negligent Security

Property owners, particularly business operators, landlords, and hotel managers, have a legal duty under state common law to take reasonable precautions to protect visitors and tenants from foreseeable criminal acts committed by third parties. When a property owner fails to provide adequate security measures, victims of violent crimes—such as muggings, sexual assaults, armed robberies, or shootings—can pursue a negligent security claim, subject to the limitations and standards set forth in framework principles like the Mississippi Landowners Protection Act (see Mississippi Code Title 89, Chapter 2). 

In Mississippi, foreseeability is key; if a property is located in an area with a documented history of prior crimes, the owner is expected to take heightened precautions. Examples of negligent security include broken exterior locks on apartment buildings, unlit or poorly illuminated parking garages, non-functional security cameras, unmonitored entry points, and a failure to hire security personnel where the risk of crime is clearly elevated.

Overzealous Security

While failing to provide enough security can lead to liability, employing security guards or bouncers who cross the line into aggressive, abusive, or excessive behavior can also trigger a premises liability lawsuit. This frequently occurs at nightclubs, bars, casinos, and large entertainment venues across Mississippi.

Overzealous security guards sometimes use unreasonable physical force, unwarranted restraint, or unjustified physical violence under the guise of detaining a suspected shoplifter, quelling a disturbance, or removing a patron. When a security guard commits assault and battery, inflicts emotional distress, or causes bodily injury through excessive force, the establishment or property owner can be held vicariously liable for the guard’s tortious actions under standard civil liability rules defined in Mississippi Code § 15-1-35 and Mississippi Code § 15-1-49.

Injuries to Children Caused by Attractive Nuisances

Under the legal doctrine of the “attractive nuisance,” property owners can be held strictly accountable for injuries sustained by trespassing children if certain conditions are met. Children often lack the maturity and cognitive capacity to recognize and appreciate severe dangers, making them prone to exploring enticing structures or objects left unsecured on private property. 

Classic examples of attractive nuisances include swimming pools, abandoned or dilapidated vehicles, construction sites, heavy machinery, unfenced trampolines, open pits, and active treehouses. To establish liability under Mississippi case law and Mississippi Code § 15-1-49, it must be proven that the owner knew or should have known children were likely to trespass, that the condition posed a risk of serious injury or death, and that the owner failed to exercise reasonable care to eliminate the danger or secure the area. 

Fires

Fires occurring in commercial buildings, hotels, apartment complexes, and rental homes often stem from structural negligence or a blatant disregard for local fire safety codes. Property owners and landlords are legally bound to install and maintain functional fire safety systems, including smoke detectors, fire extinguishers, sprinkler systems, and clearly marked emergency fire exits pursuant to local ordinances and state building regulations.

When a fire erupts due to chronic neglect—such as outdated or faulty electrical wiring, unserviced heating equipment, natural gas leaks, overloaded circuits, or improperly stored combustible materials—the resulting burn injuries, smoke inhalation, and fatalities can form the basis of a massive premises liability lawsuit against the property owner or managing entity under Mississippi Code § 15-1-49.

Structure Collapse

A structural collapse involves the sudden, catastrophic failure of a building component or an entire architectural framework. Incidents such as porch collapses, balcony failures, crumbling retaining walls, stairwell breakages, or sudden ceiling tile and drywall collapses often result in devastating trauma.

These failures are almost always rooted in long-term negligent maintenance, substandard building materials, termite or water damage, or violations of local building codes. Property owners who fail to conduct routine, comprehensive inspections of aging structural elements expose visitors, guests, and tenants to immense physical danger, leaving them legally responsible for the resulting catastrophe pursuant to Mississippi Code § 15-1-41 governing construction and real property improvements.

Construction Accidents

Construction sites are inherently dangerous zones packed with heavy machinery, open excavations, scaffolding, and falling tools. While construction workers are typically bound to workers’ compensation systems under state labor laws, visitors, delivery drivers, or passing pedestrians who wander near or past improperly secured construction zones can be severely injured.

Premises liability claims in this context often arise when a property owner or general contractor fails to erect proper perimeter fencing, leaves deep trenches uncovered without warning signs, permits unsafe pedestrian walkways directly adjacent to active hoisting zones, or fails to comply with federal Occupational Safety and Health Administration (OSHA) safety mandates that protect the general public, actionable via Mississippi Code § 15-1-49. 

Elevator and Escalator Accidents

Modern multi-story commercial buildings, hotels, malls, and hospitals rely heavily on elevators and escalators to transport visitors safely. When these complex mechanical systems malfunction due to deferred maintenance, flawed engineering, or faulty replacement parts, catastrophic injuries can occur.

Elevator accidents can involve sudden free-falls, abrupt stops, misleveling issues (where the elevator car stops unevenly with the floor, causing severe tripping hazards), or doors closing prematurely on passengers. Escalator accidents frequently involve loose steps, missing comb plates, clothing or footwear getting caught in the moving mechanisms, or sudden reversals, all of which point directly to a failure in the property owner’s or maintenance contractor’s duty of care under Mississippi Code § 15-1-49.

Falling Objects

The hazard of falling objects is a prominent safety concern in retail environments, warehouses, and construction-adjacent walkways. In retail stores, inventory stacked precariously high on upper shelves can easily be dislodged by employees or customers, crashing down onto individuals below.

Similarly, properties undergoing exterior renovations or maintenance can drop tools, building materials, or debris from heights if safety netting and toe boards are not utilized. Because heavy items striking the head, neck, or shoulders can cause traumatic brain injuries (TBIs) or spinal trauma, property and store owners are strictly expected under Mississippi Code § 15-1-49 to ensure that merchandise and overhead equipment are safely secured. 

Vending Machine Tip-Over

Though seemingly minor, unsecured heavy appliances and vending machines present a surprisingly lethal tipping hazard. Vending machines, arcade games, and large industrial refrigerators weigh hundreds of pounds, yet they are frequently installed in breakrooms, motels, schools, and convenience store lobbies without being properly bolted to a wall or floor.

If a machine is top-heavy, sits on an uneven surface, or is rocked by a frustrated customer trying to retrieve stuck merchandise or money, it can violently tip over. The crushing force of a falling vending machine can cause severe internal trauma, bone fractures, or fatal compression asphyxiation, directly implicating the property owner for failing to secure the fixture under standard negligence doctrines outlined in Mississippi Code § 15-1-49.

Food Poisoning

Food poisoning claims intersect product liability and premises liability when patrons ingest contaminated food or beverages at a restaurant, hotel buffet, grocery store, or cafeteria located on someone else’s property. Foodborne illnesses can be caused by dangerous pathogens like E. coli, Salmonella, Listeria, or norovirus due to improper food handling, poor refrigeration, cross-contamination, or unsanitary kitchen conditions.

To prevail in a premises-based food poisoning lawsuit under Mississippi Code § 15-1-49, the injured party must prove that the establishment breached health codes and that the contaminated food served directly caused their illness, resulting in measurable medical damages and physical suffering.

Motor Vehicle Accidents Under Certain Circumstances

While car crashes are generally governed by standard vehicular negligence laws, certain auto accidents fall squarely under the umbrella of premises liability. These typically involve dangerous or defective conditions native to a property’s design or layout that directly cause or contribute to a crash.

Examples include poorly designed parking lots with blind corners, overgrown landscaping that completely obstructs a driver’s line of sight at an exit, missing traffic control signs on private commercial property, deep unlit potholes that cause a driver to lose control, or malfunctioning security gates at apartment complexes that slam into passing vehicles. In these scenarios, the property owner shares fault under Mississippi Code § 15-1-49 for failing to maintain safe vehicular pathways.

Heavy Equipment Accidents

Heavy machinery accidents usually occur on industrial properties, commercial yards, active construction zones, or agricultural locations. When property owners or business operators permit untrained personnel to operate heavy equipment—such as forklifts, bulldozers, backhoes, or industrial cranes—or fail to keep machinery in safe, working order, disastrous accidents can happen.

If a bystander, delivery driver, or unassociated visitor is struck, crushed, or caught in the machinery due to inadequate safety perimeters or operational negligence, the property owner can face significant liability under state premises and labor safety laws, subject to Mississippi Code § 15-1-49.

Amusement Park Accidents

Amusement parks, traveling carnivals, water parks, and trampoline centers invite large numbers of guests to experience high-intensity rides and attractions. Property owners and operators of these venues owe a heightened duty of care under Mississippi common law to ensure that all rides, mechanical structures, and physical environments are completely safe.

Accidents can stem from mechanical failures, structural ride collapses, faulty safety restraints, operator error, or slippery walkways around water features. Because these attractions involve high speeds and elevation, accidents frequently result in catastrophic injuries, permanent disability, or wrongful death, making amusement park operators heavily accountable for systematic oversight and safety maintenance pursuant to Mississippi Code § 15-1-49.

Mississippi Premises Liability Frequently Asked Questions

What is premises liability under Mississippi law?

Premises liability is a legal concept holding property owners and occupiers legally responsible for injuries that occur on their real estate. To win a case in Mississippi, you must prove the property owner breached their duty of care by failing to maintain safe conditions or adequately warn visitors about known hazards present on the property as established by common law.

What visitor classifications exist in Mississippi?

Mississippi law divides visitors into three distinct categories: invitees, licensees, and trespassers. Invitees are customers or business guests invited onto the property for mutual benefit. Licensees enter for their own convenience or social purposes with implied permission. Trespassers are individuals who enter the property without any legal right, privilege, or explicit permission from the property owner to be there.

What duty of care is owed to an invitee?

Property owners owe the highest standard of care to business invitees. Under Mississippi jurisprudence, owners must use reasonable care to keep the premises safe. This requires conducting regular inspections, promptly repairing dangerous conditions, and providing clear warnings about any hidden hazards that could reasonably cause physical harm to visiting customers while they are lawfully present upon the subject commercial property.

How does the duty change for a licensee?

For a licensee, such as a social guest, the property owner owes a slightly reduced duty of care. Owners do not have an affirmative obligation to inspect the property for hidden dangers. However, they must refrain from willful or wanton harm and must warn the licensee of any known dangerous conditions that are not readily observable to the visiting guest.

What is the legal duty owed to a trespasser?

Property owners generally owe the lowest duty of care to adult trespassers. The primary rule under Mississippi law is that an owner must avoid willful, wanton, or intentional injury. Owners cannot set traps or intentionally harm a trespasser, though special exception rules often apply when young children trespass near artificial conditions on the land known as an attractive nuisance.

How long do I have to file a lawsuit?

In Mississippi, the general statute of limitations for filing a personal injury or premises liability lawsuit is three years from the date of the accident under Miss. Code § 15-1-49. If you fail to file your formal complaint within this strict three-year window, the court will almost certainly dismiss your case, permanently barring you from recovering financial compensation.

Are there different deadlines for government properties?

Yes, if your slip and fall or injury occurs on property owned by a Mississippi state, county, or municipal government entity, the rules change drastically. You must provide a formal notice of claim as required by Miss. Code § 11-46-11. The overall statute of limitations to file such a lawsuit is generally limited to one year.

How does comparative negligence affect my claim?

Mississippi operates under a pure comparative negligence system. This means that even if you were partially at fault for your accident, you can still recover financial damages. Your total compensation award will simply be reduced by the exact percentage of fault assigned to you by the judge or jury during the legal proceedings as defined by Miss. Code § 11-7-15.

What must I prove to win a slip and fall case?

To succeed in a Mississippi slip and fall case, you must prove the owner created the dangerous condition, knew about it and failed to fix it, or that the hazard existed long enough that they should have discovered it through reasonable care. You must also establish that this specific dangerous condition directly caused your physical injuries to prevail in court.

What types of damages can I recover?

Victims of negligent property upkeep can pursue multiple types of financial recovery. Compensation typically includes economic damages like medical bills, rehabilitation costs, and lost wages from missed work. You can also recover non-economic damages for physical pain, emotional distress, mental anguish, and any permanent disability or disfigurement resulting directly from the accident and the owner’s failure to maintain safety.

Should I sign documents or give statements to insurers?

You should never sign insurance documents or give recorded statements to a property owner’s insurance adjuster without consulting an attorney first. Insurance adjusters often use strategic questions to trick injured victims into admitting fault or downplaying their injuries, which can severely compromise or completely destroy your legal claim for compensation later. Always protect your rights by speaking with legal counsel.

Why should I hire a Mississippi premises liability lawyer?

Navigating Mississippi premises liability law requires detailed investigations, expert witness testimonies, and aggressive negotiation against corporate insurance defense teams. A qualified local attorney handles all communication, gathers crucial surveillance or maintenance evidence, preserves vital records, and fights tirelessly to secure the maximum financial compensation you rightfully deserve for your suffering through the established court processes and settlement negotiation procedures.