Slip and Fall in Mississippi? Call a Proven Lawyer Now

Last reviewed: August 19, 2025

What To Do Right After a Slip-and-Fall

• Get medical care immediately and follow your provider’s instructions.
• Report the incident to the property owner or manager and ask for a written report.
• Photograph the scene, the hazard, your injuries, and any surveillance cameras nearby.
• Collect witness names and contact information.
• Preserve the shoes and clothing you wore (do not wash them) and keep receipts for related expenses.
• Avoid giving recorded statements or signing anything before speaking with a lawyer.

How Mississippi Premises Liability Works

Mississippi premises liability depends on your legal status on the property and what the owner or occupier knew or should have known:

• Invitees (e.g., store customers): The owner owes a duty of reasonable care to keep the premises in a reasonably safe condition and to warn of hidden dangers not in plain view. The owner is not an insurer of safety. See Mayfield v. The Hairbender, 903 So. 2d 733 (Miss. 2005).
• Licensees (e.g., social guests): The owner must refrain from willfully or wantonly injuring the licensee and must warn of hidden dangers the owner knows about that the licensee is unlikely to discover. See Leffler v. Sharp, 891 So. 2d 152 (Miss. 2004).
• Trespassers: Generally, the owner must refrain from willful or wanton conduct causing injury. See Leffler.

To recover in a typical business slip-and-fall, an invitee generally must prove one of the following: (1) the owner’s own negligence created a dangerous condition; (2) the owner had actual notice of the dangerous condition and failed to warn or fix it; or (3) the condition existed long enough to impute constructive notice. See Double Quick, Inc. v. Moore, 73 So. 3d 1162 (Miss. 2011).

Open and obvious hazards: The open and obvious nature of a hazard does not automatically bar recovery in Mississippi; it is generally considered in apportioning fault under comparative negligence. See Tharp v. Bunge Corp., 641 So. 2d 20 (Miss. 1994); Mayfield.

Common Defenses Property Owners Raise

• No notice: They claim they did not know and could not reasonably have discovered the hazard in time. See Double Quick.
• Open and obvious: They argue the danger was apparent and should have been avoided; in Mississippi this typically goes to comparative fault rather than serving as an automatic bar. See Tharp.
• Comparative fault: They allege you were partly responsible (e.g., distracted walking or ignoring warnings). Mississippi applies pure comparative negligence, which can reduce recovery by your percentage of fault. See Miss. Code Ann. § 11-7-15.
• Lack of causation: They dispute that the condition caused your injuries or the extent of those injuries.

Evidence That Can Strengthen Your Claim

• Incident reports and maintenance logs showing inspection and cleanup practices.
• Photos and video (including surveillance) of the area around the time of the fall.
• Weather data and spill or leak records.
• Training materials for employees on safety procedures.
• Expert analysis of building codes, flooring, lighting, and slip resistance.
• Medical records detailing diagnosis, treatment, and prognosis.

Compensation You May Seek

Depending on the facts, recoverable damages may include medical expenses, future care, lost wages, diminished earning capacity, pain and suffering, and other losses tied to the incident. The precise categories and amounts depend on the evidence and applicable law.

Deadlines and Notice Requirements

• General personal injury claims: In most negligence cases, Mississippi’s general limitation period is three years. See Miss. Code Ann. § 15-1-49(1).
• Claims against government entities: The Mississippi Tort Claims Act requires a written pre-suit notice with specific content, served at least 90 days before filing, and generally imposes a one-year statute of limitations (subject to statutory tolling during the notice period). See Miss. Code Ann. § 11-46-11; see also Univ. of Miss. Med. Ctr. v. Easterling, 928 So. 2d 815 (Miss. 2006) (strict compliance with notice requirements).

Deadlines can vary based on the facts (e.g., the defendant’s identity, minor claimants, or other statutes). Missing a deadline can end your claim—talk to a lawyer promptly.

Practical Tips to Protect Your Claim

• Write down what happened within 24 hours while details are fresh.
• Ask the business to preserve surveillance video and incident records.
• Keep a pain and treatment journal and save all bills and mileage.
• Limit social media posts about the incident or your injuries.

Why Call a Proven Mississippi Lawyer Now

• We move fast to preserve evidence and request surveillance before it is overwritten.
• We investigate liability, identify all responsible parties, and deal with insurers.
• We coordinate medical documentation and expert support for your case.
• We negotiate from a position of strength and are ready to litigate when necessary.

Calling early helps us secure time-sensitive proof and navigate notice requirements.

What It Costs to Hire Us

We offer free consultations for slip-and-fall cases. If we take your case, we typically work on a contingency fee—no attorney’s fees unless we obtain a recovery. Terms will be explained in writing. Court costs and case expenses are separate and will be addressed in the fee agreement.

FAQs

What is the statute of limitations for a slip-and-fall in Mississippi?

Generally three years from the date of injury for negligence claims. Claims against government entities can have a one-year period with a mandatory 90-day pre-suit notice. Deadlines can vary—speak with a lawyer promptly.

Do I have a case if there was no incident report?

Yes. An incident report helps but is not required. Other evidence—photos, witnesses, medical records, maintenance logs, and video—can establish your claim.

What if I was partly at fault?

Mississippi uses pure comparative negligence. Your compensation can be reduced by your percentage of fault but is not automatically barred.

Can I recover for a fall outside, like a parking lot?

Yes, if you can show the owner created the hazard, knew about it, or should have discovered and remedied it within a reasonable time.

How much is my case worth?

Values depend on liability, insurance coverage, medical treatment, lasting effects, and evidence. A case evaluation is necessary.

Take the Next Step

If you were injured in a slip-and-fall anywhere in Mississippi, contact our team now. We will review your situation, explain your options, and act quickly to protect your claim.

Request your free consultation

Sources

• Mayfield v. The Hairbender, 903 So. 2d 733 (Miss. 2005).
• Double Quick, Inc. v. Moore, 73 So. 3d 1162 (Miss. 2011).
• Leffler v. Sharp, 891 So. 2d 152 (Miss. 2004).
• Tharp v. Bunge Corp., 641 So. 2d 20 (Miss. 1994).
• Miss. Code Ann. § 11-7-15 (comparative negligence).
• Miss. Code Ann. § 15-1-49(1) (general 3-year limitations).
• Miss. Code Ann. § 11-46-11 (MTCA notice and limitations).
• Univ. of Miss. Med. Ctr. v. Easterling, 928 So. 2d 815 (Miss. 2006).

Mississippi-only disclaimer: This blog provides general information about Mississippi law and is not legal advice. Reading it does not create an attorney–client relationship. Laws change and outcomes depend on specific facts. Consult a licensed Mississippi attorney about your situation.