In Mississippi, property owners often attempt to dodge responsibility in premises liability cases by using various tactics. This guide explores how these owners shift blame, and the steps injured victims can take to ensure they receive the compensation they deserve.
When an injury occurs on someone else’s property, whether it’s due to a slip and fall or an accident caused by poorly maintained conditions, property owners are often held liable for the victim’s injuries under Mississippi premises liability law. However, it’s not always so simple. Property owners frequently try to avoid responsibility, using tactics to reduce their liability or shift the blame entirely onto the injured party.
At Brad Morris Law Firm, PLLC, we understand how frustrating it can be when property owners and their insurance companies attempt to dodge accountability. In this article, we will look at some of the most common methods property owners use to avoid paying for damages, and how victims of premises accidents can counter these strategies and fight for the compensation they deserve.
Brad Morris
Attorney
Common Tactics Property Owners Use to Avoid Responsibility 
- Blaming the Victim for Their Own Injuries
One of the most commonly employed defenses by property owners is blaming the victim. This could take the form of claiming that the injured person was not paying attention, was intoxicated, or was acting in a reckless manner that contributed to the accident. By shifting the blame, property owners can attempt to reduce or eliminate their responsibility for the injury.
For example, in cases where a person trips and falls on a broken sidewalk, the property owner might argue that the victim should have noticed the hazard and avoided it. In Mississippi, this kind of argument is often made to undermine the severity of the injury or to claim that the victim had a responsibility to be more careful.
- Claiming Lack of Knowledge About the Hazardous Condition
Another strategy property owners often use is claiming they were unaware of the dangerous condition that caused the injury. Property owners are only liable for unsafe conditions they know about or should have known about. If they can demonstrate that they didn’t know about the dangerous situation or that it was a sudden change, they might avoid liability.
This defense can be effective if the property owner can show that they have routine maintenance procedures in place and that the hazardous condition was not present long enough to be discovered. This tactic may also involve the property owner arguing that the condition was hidden or not easily noticeable.
- Arguing Assumed Risk
Property owners may also argue that the person who was injured assumed the risk of injury by engaging in a particular activity. This is common in cases involving recreational activities, like skiing or playing sports on the premises. Property owners argue that by participating, the victim knowingly accepted the possibility of injury.
For instance, if a person slips and falls while ice skating at an outdoor rink, the property owner might claim that the injured party knew the risks of ice skating and accepted those risks upon entering the rink. In Mississippi, premises liability cases involving sports or recreational activities are often contested with this defense.
- Minimizing the Severity of the Injury
Property owners or their insurance companies may try to minimize the severity of an injury in order to avoid paying for full compensation. They might argue that the injury was not as serious as the victim claims or that the injury was pre-existing, meaning it wasn’t caused by the accident on their property.
This tactic can also involve disputing the long-term effects of the injury, such as pain and suffering or the need for ongoing medical treatment. By underplaying the severity of the injury, the property owner or their insurance provider may try to reduce the payout offered to the victim.
- Delaying the Settlement Process
In many cases, property owners and their insurers will simply delay the settlement process in hopes that the injured party will give up or accept a lower settlement. These delays can be frustrating, as victims may need the compensation to cover medical bills, lost wages, and other expenses incurred as a result of the injury. Property owners know that the longer they delay the process, the more likely the victim is to settle for a lesser amount.
Victims of premises accidents can find themselves in a difficult situation if they don’t know how to handle these delays and negotiation tactics. Insurance companies may make initial low offers or even offer settlements before the full extent of the injuries is known, hoping the injured party will accept without fully understanding their rights or the value of their claim.
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How to Counter These Tactics and Protect Your Rights
- Gather Evidence Immediately After the Accident
The best way to fight back against the common defenses used by property owners is to gather as much evidence as possible right after the incident. This can include taking photographs of the accident scene, documenting the hazardous condition that led to the injury, and getting contact information from any witnesses. The more evidence you have, the stronger your case will be.
For example, if you are injured due to a broken stairway railing, photograph the broken railing, the surrounding area, and any relevant warning signs (or lack thereof). If possible, get statements from anyone who witnessed the accident or the conditions that led to it.
- Consult an Experienced Premises Liability Lawyer
If you’ve been injured on someone else’s property, it’s essential to consult an experienced attorney who specializes in premises liability cases. A lawyer will be able to guide you through the legal process, handle the negotiations with the insurance companies, and help you gather the necessary evidence to prove your case.
At Brad Morris Law Firm, PLLC, our attorneys have extensive experience fighting for victims of premises accidents. We can help ensure that your rights are protected, and that you receive the compensation you deserve for your injuries.
- Understand the Law and Your Legal Rights
In Mississippi, property owners have a legal duty to maintain safe premises and protect visitors from harm. They are obligated to fix known hazards or warn visitors about potential dangers. Understanding these legal rights is essential to fighting back against property owners who try to avoid responsibility.
If you were injured on someone else’s property, know that the law is on your side. Property owners are expected to act reasonably and keep their premises free of hazards. If they fail in this responsibility, they can and should be held liable for any injuries that occur.
- Be Prepared to Take Legal Action
If an out-of-court settlement is not possible, you may need to take legal action. In some cases, filing a lawsuit may be the only way to get fair compensation for your injuries. Your lawyer will help you through the process, which may involve gathering expert testimony, deposing witnesses, and presenting your case in court.
The threat of legal action can often motivate property owners and insurance companies to take your claim seriously. By working with an experienced attorney, you can ensure that your case is handled with the care and attention it deserves.
Property owners in Mississippi may use a variety of tactics to avoid responsibility for injuries that occur on their premises. From blaming the victim to denying knowledge of the hazard, these defenses can make it difficult for victims to receive fair compensation. However, by gathering evidence, understanding your rights, and working with an experienced attorney, you can fight back against these tactics and ensure that you are compensated for your injuries.
If you’ve been injured on someone else’s property, don’t let the property owner evade responsibility. Contact Brad Morris Law Firm, PLLC today for a free consultation to discuss your case and begin the process of holding the responsible party accountable.