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Mississippi Lawyer Blog

How to Prove Negligence in a Mississippi Slip and Fall Claim

If you were injured in a trip or slip and fall accident in Mississippi, you may be entitled to compensation for lost wages, medical bills, pain and suffering, and other damages.

Risk Of Slipping Warning Sign

For your claim to be successful, it must be shown that the landowner or occupier of the property where your accident occurred owed you a duty of care and breached that duty. The Jackson slip and fall attorneys at Coxwell & Associates can help you gather the evidence needed to prove negligence, liability, and the value of your damages.

Time is of the essence in any premises liability case because important evidence like surveillance footage may eventually become unavailable. Our personal injury lawyers will get to work immediately and help you avoid costly mistakes like accepting a settlement too early, making a recorded statement to the insurance company, or overlooking non-economic or future damages.

We have recovered nearly $300 million for our clients in successful settlements and verdicts. Call us today at 877-231-1600 to schedule a free initial consultation.

Distinguishing Between Licensees, Trespassers, and Invitees

Mississippi premises liability law distinguishes between licensees, trespassers, and invitees. Your classification will determine the duty of care owed to you by the landowner or occupier of the property where your accident occurred. For example, if you were considered a trespasser or an invitee, the landowner or occupier would have owed you a duty to refrain from wantonly or willfully injuring you.

Invitees are owed a higher standard of care. Premises landowners and occupiers must ensure their property is reasonably safe for invitees and must post adequate warnings about hidden dangers or perils that are not in open or plain view. Examples of invitees include customers in a supermarket and guests staying in a hotel.

After determining your classification as a trespasser, licensee, or invitee, it must be shown that the property owner or occupier breached the duty of care owed to you. If you were a trespasser or licensee, evidence would have to be shown that the defendant willfully or wantonly injured you—for example, by attacking you without provocation. If you were an invitee, evidence must be shown to prove that the property was not kept in a reasonably safe condition or that the property owner or occupier did not warn you about a dangerous condition.

The types of evidence your Jackson injury attorney will use to prove negligence depend on the facts surrounding your accident. Common evidence used to prove negligence in Mississippi slip and fall cases include:


  • Surveillance footage;
  • The incident report and police report;
  • Eyewitness testimony; and
  • Records of past complaints related to similar hazards on the same property.

Building codes may also be used as evidence if there was a code violation—for instance, if the property lacked the required non-slip surface or a handrail and this contributed to your injury.

Discuss Your Case with a Personal Injury Attorney in Jackson Today!

If you were seriously injured in a slip and fall accident in Mississippi, contact Coxwell & Associates to find out if you have grounds for a claim. Call us today at 877-231-1600 to schedule a free initial consultation or click on the button below. 


Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.

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