Slip and fall injuries often involve disputes between victims and property owners or their insurance companies. In Mississippi, it is common for owners or insurers to blame the victim, claiming that the individual was careless or failed to notice an obvious hazard. This defense is known as comparative negligence. While it can reduce compensation, victims are still entitled to recover damages proportionate to the property owner’s fault.
Property owners may argue that hazards were obvious, that the victim was distracted, or that they assumed the risk. For example, a wet floor without a warning sign might be claimed as “obvious,” or a cluttered hallway could be blamed on the victim’s inattentiveness. Insurance adjusters frequently use these defenses to minimize payouts, even when the property owner was clearly negligent.
Documenting the accident immediately is critical. Photos of the hazard, medical records, and witness statements provide strong evidence linking injuries to unsafe conditions. Mississippi law recognizes that even partially responsible victims can recover compensation based on the percentage of fault attributed to the property owner.
Slip and fall injuries can be serious, resulting in fractures, head trauma, or long-term mobility issues. Victims often incur medical expenses, lose income during recovery, and experience physical and emotional pain. Proper legal representation ensures that all these damages are accounted for, even if the property owner attempts to shift blame.
Comparative negligence does not eliminate liability but reduces the amount recoverable. Skilled attorneys investigate the circumstances of the fall, identify all parties potentially responsible, and gather evidence to counter insurance defenses. They also negotiate with insurers to secure full and fair compensation for medical bills, lost wages, and pain and suffering.
By understanding why property owners attempt to blame victims and by taking proactive steps to document injuries, Mississippi residents can protect their legal rights and ensure that negligence does not go unaddressed.