Premises Liability Complaint - Mississippi

PREMISES LIABILITY COMPLAINT — MISSISSIPPI

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Duty of Care — Visitor Status
6. First Cause of Action — Negligence (Premises Liability)
7. Second Cause of Action — Failure to Warn
8. Third Cause of Action — Negligent Maintenance
9. Damages
10. Jury Demand
11. Prayer for Relief
12. Verification
13. State-Specific Notes
14. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF [COUNTY NAME] COUNTY

STATE OF MISSISSIPPI

2. PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing in [CITY], [COUNTY] County, Mississippi.

2. Defendant [DEFENDANT FULL NAME] ("Defendant") is [an individual residing in / a corporation organized under the laws of / a limited liability company formed under the laws of] [STATE], and at all relevant times was the [owner / lessee / occupier / manager] of the real property located at [PROPERTY ADDRESS], [CITY], [COUNTY] County, Mississippi (the "Premises"). Defendant may be served with process at [ADDRESS FOR SERVICE].

3.

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter pursuant to Miss. Const. art. 6, § 156 and Miss. Code Ann. § 9-7-81.

5. Venue is proper in [COUNTY] County pursuant to Miss. Code Ann. § 11-11-3 because [Defendant resides here / Defendant corporation's principal place of business is here / a substantial alleged act, omission, or injury-causing event occurred here].

4. FACTUAL ALLEGATIONS

6. At all relevant times, Defendant [owned / leased / occupied / managed / controlled] the Premises located at [PROPERTY ADDRESS], [CITY], Mississippi [ZIP CODE].

7. On or about [DATE OF INCIDENT], Plaintiff was [lawfully present on / entering / exiting] the Premises for the purpose of [PURPOSE OF VISIT].

8. At the time of the incident, there existed on the Premises a dangerous condition, specifically: [DESCRIBE DANGEROUS CONDITION IN DETAIL].

9. Defendant had [actual / constructive] knowledge of the dangerous condition because:

☐ Defendant created the dangerous condition.

☐ Defendant had actual knowledge of the condition through [DESCRIBE].

☐ The condition existed for a sufficient period of time that Defendant, in the exercise of reasonable care, should have discovered it.

☐ The condition was part of a recurring hazard known to Defendant.

10. As a direct result of the dangerous condition, Plaintiff [DESCRIBE INCIDENT] and sustained serious injuries.

5. DUTY OF CARE — VISITOR STATUS

11. At the time of the incident, Plaintiff was [an invitee / a licensee] on the Premises.

If Invitee:

12. Plaintiff entered the Premises for a purpose connected with Defendant's business. Defendant owed Plaintiff reasonable care to keep the Premises reasonably safe and to warn of a dangerous condition that was not readily apparent and that Defendant knew or should have known about through reasonable care.

If Licensee:

12. Plaintiff entered the Premises with Defendant's permission for Plaintiff's own convenience, pleasure, or benefit. Defendant owed Plaintiff a duty to refrain from willfully or wantonly injuring Plaintiff. [If supported by specific facts: Defendant knew Plaintiff was present and affirmatively operated or controlled an activity that subjected Plaintiff to unusual danger or increased the hazard; describe that active conduct. Ordinary reasonable care may apply to injury caused by that conduct, but the exception does not extend to a condition of the Premises or passive failure to act.]

6. FIRST CAUSE OF ACTION — NEGLIGENCE (PREMISES LIABILITY)

(Against [DEFENDANT NAME])

13. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 12 above.

14. Defendant owed Plaintiff the duties described above.

15. Defendant breached the applicable duty by [for an invitee: failing to maintain the Premises / failing to inspect / failing to repair / failing to warn of a hidden danger; for a licensee: DESCRIBE willful or wanton conduct, or the specific affirmative or active conduct alleged under paragraph 12].

16. Defendant's breach was the proximate cause of Plaintiff's injuries and damages.

7. SECOND CAUSE OF ACTION — FAILURE TO WARN

(Against [DEFENDANT NAME])

[Use this count only if Plaintiff was an invitee and the facts support a duty to warn of a hidden danger. Omit it for a licensee claim based only on a premises condition or passive failure to act.]

17. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

18. Plaintiff was an invitee. Defendant knew or should have known of the hidden dangerous condition through reasonable care, and the danger was not readily apparent to Plaintiff.

19. Defendant failed to provide adequate warning to Plaintiff.

20. Defendant's failure to warn was a proximate cause of Plaintiff's injuries.

8. THIRD CAUSE OF ACTION — NEGLIGENT MAINTENANCE

(Against [DEFENDANT NAME])

21. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

22. [For an invitee,] Defendant had a duty to keep the Premises reasonably safe. [For a licensee, omit this count unless supported by allegations of willful or wanton injury or affirmative or active negligence in operations while Plaintiff's presence was known; mere failure to maintain the Premises does not establish the active-conduct exception.]

23. Defendant negligently failed to perform required maintenance, specifically [DESCRIBE].

24. Defendant's negligent maintenance was a proximate cause of Plaintiff's injuries.

9. DAMAGES

25. As a proximate result of Defendant's negligence, Plaintiff has suffered the following damages:

a. Medical Expenses: Past and future reasonable and necessary medical expenses.

b. Lost Wages and Earning Capacity: Past and future loss of wages and earning capacity.

c. Physical Pain and Suffering: Past and future physical pain and suffering.

d. Mental Anguish: Past and future mental anguish and emotional distress.

e. Physical Impairment: Past and future physical impairment and disability.

f. Disfigurement: Past and future disfigurement.

g. Loss of Enjoyment of Life: Past and future loss of enjoyment of life.

h. Loss of Consortium: [IF APPLICABLE — Loss of consortium.]

10. JURY DEMAND

26. Plaintiff hereby demands a trial by jury on all issues triable by jury.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendant as follows:

1. Compensatory damages in an amount to be determined at trial;
2. Pre-judgment and post-judgment interest as allowed by law;
3. Costs of court;
4. Such other and further relief as the Court deems just and equitable.

Respectfully submitted,

[LAW FIRM NAME]

By: ________________________________________
[ATTORNEY NAME], MSB No. [NUMBER]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], Mississippi [ZIP CODE]
Telephone: [PHONE]
Facsimile: [FAX]
Email: [EMAIL]
Attorney for Plaintiff [PLAINTIFF NAME]

12. VERIFICATION

STATE OF MISSISSIPPI
COUNTY OF [COUNTY NAME]

BEFORE ME, the undersigned authority, personally appeared [PLAINTIFF FULL NAME], who being duly sworn, stated that the facts set forth in the above Complaint are true and correct to the best of their knowledge and belief.

________________________________________
[PLAINTIFF FULL NAME]

SWORN TO AND SUBSCRIBED BEFORE ME on [DATE].

________________________________________
Notary Public
My Commission Expires: [DATE]

13. STATE-SPECIFIC NOTES

Visitor Classifications. Mississippi retains the traditional invitee/licensee/trespasser framework. The duty owed depends on the plaintiff's status at the time of injury.

Licensees. A landowner generally owes a licensee the duty to refrain from willful or wanton injury. Ordinary reasonable care may apply when affirmative or active negligence in operations subjects a licensee whose presence is known to unusual danger or increases the hazard. A premises condition or passive failure to act does not trigger that exception. Titus v. Williams, 844 So. 2d 459 (Miss. 2003), ¶¶ 22, 27, 32.

Pure Comparative Negligence. Mississippi is one of the few states with pure comparative negligence — a plaintiff can recover even if 99% at fault. Miss. Code Ann. § 11-7-15. Damages are diminished by the jury in proportion to the plaintiff's negligence.

Three-Year Statute of Limitations. Miss. Code Ann. § 15-1-49 generally provides three years after accrual when no more specific limitation applies; do not calculate solely from the injury date without an accrual and tolling analysis.

2019 Landowners Protection Act. This legislation significantly limits premises liability for injuries caused by third-party criminal acts. Property owners generally are not liable unless they had prior specific knowledge of the threat.

Government Claims. Section 11-46-11 generally requires the correct written notice at least 90 days before suit and separately imposes a one-year action period, subject to its 95-day notice tolling, denial/waiting rules, and additional filing window. Serve the statutorily designated recipient.

Non-Economic Damages Cap. Section 11-1-60 generally limits noneconomic damages in non-medical civil actions filed on or after September 1, 2004, to $1,000,000; the trier of fact is not told the cap, and the judge reduces an excess award.

14. SOURCES AND REFERENCES

• Miss. Code Ann. § 11-7-15 — Pure comparative negligence
• Miss. Code Ann. § 15-1-49 — Three-year statute of limitations
• Miss. Code Ann. § 85-5-7 — Several liability; common-plan joint liability and contribution; premises-liability fault definition
• Miss. Code Ann. § 11-46-1 et seq. — Mississippi Tort Claims Act
• Miss. Code Ann. § 89-8-23, § 89-8-25 — Premises liability provisions
• Titus v. Williams, 844 So. 2d 459 (Miss. 2003) — Visitor classifications, licensee duty, and active-conduct exception