After a fall on someone else’s property, one of the first questions injury victims ask is simple: whose fault is this? In Mississippi, the answer depends on a legal framework most people have never heard of, one that classifies visitors into categories and assigns property owners a different duty of care for each. At Campbell Law, we’ve untangled this question for injury victims across Lee, Lafayette, DeSoto, Grenada, and Washington counties, and here’s how Mississippi law actually decides who’s liable.
THE THREE VISITOR CLASSIFICATIONS UNDER MISSISSIPPI LAW
Mississippi premises liability law sorts visitors into three categories, and the property owner’s legal duty changes depending on which one applies to you.
INVITEES RECEIVE THE HIGHEST DUTY OF CARE
If you were on the property for a purpose that benefits the owner, like shopping at a store or visiting a business, you’re generally considered an invitee. Property owners owe invitees a duty to inspect for hazards and either fix them or provide adequate warning. This is the strongest legal position for a slip and fall claim.
LICENSEES ARE OWED A DUTY TO WARN OF KNOWN HAZARDS
A licensee is someone on the property with permission but for their own purposes, such as a social guest visiting a friend’s home. Property owners must warn licensees of known dangers that aren’t obvious, but they generally don’t have to actively inspect for hazards the way they do for invitees.
TRESPASSERS RECEIVE THE LEAST PROTECTION
Property owners generally only owe trespassers a duty not to willfully or wantonly injure them. There’s an important exception for children, known as the attractive nuisance doctrine, which can create liability when a property feature like a pool or old equipment draws children onto the land.
WHAT AN INJURED VISITOR MUST PROVE
Regardless of visitor status, proving liability generally requires showing the property owner knew, or reasonably should have known, about the hazard and failed to fix it or warn about it within a reasonable time. This is often the most contested part of a claim, and it’s why documentation matters so much. Our overview of common types of slip and fall claims in Mississippi breaks down the hazards that tend to produce the strongest cases.
WHO ELSE CAN BE HELD LIABLE BESIDES THE PROPERTY OWNER
Liability doesn’t always stop with the person whose name is on the deed. Property management companies, commercial tenants who lease the space, maintenance or cleaning contractors, and even municipalities can share liability depending on who was responsible for the specific area where the fall occurred. Claims involving multiple potentially liable parties are often more complex and can result in a larger available pool of insurance coverage.
COMMON DEFENSES PROPERTY OWNERS RAISE
Property owners and their insurers frequently argue that the hazard was open and obvious, that you weren’t paying attention, or that the hazard didn’t exist long enough for them to have discovered it. Mississippi’s pure comparative negligence law still allows you to recover even if you’re found partially at fault, with your award reduced by your percentage of responsibility.
MISSISSIPPI LAW GOVERNING PROPERTY OWNER LIABILITY
invitees, licensees, and trespassers, alongside the state’s comparative negligence statute. The Mississippi Code is publicly accessible through the state legislature’s official website.
Offsite reference: Mississippi Code, Title 11, Chapter 7 (Comparative Negligence) — HOW CAMPBELL LAW ESTABLISHES LIABILITY
Jason Campbell has built premises liability cases for injury victims throughout Tupelo, Oxford, Southaven, Greenville, and Water Valley, identifying every party who may share responsibility rather than settling for the first name an insurance company offers up. If you’re still working through what steps to take after a fall, our guide on what to do after a slip and fall accident in Mississippi covers exactly that.
Campbell Law handles these cases on contingency — if we don’t win your case, you don’t pay. Don’t gamble, call Campbell.
Not sure who’s responsible for your fall? That’s exactly what we’re here to figure out. Call Campbell Law at 662-537-4921 or complete our easy-contact form for a free, no-obligation consultation.
FREQUENTLY ASKED QUESTIONS
What's the difference between an invitee and a licensee in Mississippi?
An invitee is on the property for a purpose that benefits the owner, like a customer in a store, and is owed the highest duty of care. A licensee is a social guest owed a lesser duty, mainly a warning of known hazards. Call 662-537-4921 to find out how your visit would likely be classified.
Can a renter be held liable for a fall on their property?
Yes, in some cases. Commercial tenants who lease and control a space can share liability for hazards within their leased area, separate from the property owner. Call 662-537-4921 to discuss who may be responsible in your case.
What if I don't know who owns the property where I fell?
An attorney can identify the property owner, management company, and any responsible tenants through public records and investigation. Call 662-537-4921 for help identifying every liable party.
Does it matter if the hazard was 'open and obvious'?
Property owners often raise this as a defense, but it doesn’t automatically defeat a claim in Mississippi. Under the state’s pure comparative negligence rule, you may still recover damages even if the hazard was visible, with your award adjusted for shared fault. Call 662-537-4921 to discuss your specific situation.
Can I sue if I was trespassing when I fell?
It’s more difficult, since property owners owe trespassers a lesser duty of care, but there are exceptions, particularly involving injured children under the attractive nuisance doctrine. Call 662-537-4921 to find out if an exception might apply to your case.
