Slip and Fall Lawyer in DeSoto County, MS
Injured in a slip and fall accident in DeSoto County, MS? Martin & Martin, PA holds negligent property owners accountable. Free consultation. No fee unless we win.
Slip and Fall Injuries Are More Serious Than People Think
When someone slips, trips, or falls on another person's property, the injury is often dismissed as minor or embarrassing. The truth is that slip and fall accidents cause some of the most serious injuries we see — broken hips, traumatic brain injuries, spinal damage, and chronic pain that lasts for years.
If a property owner's negligence caused your fall, you have the right to seek compensation. But these cases are not easy. The property owner and their insurer will argue that you were not paying attention, that the hazard was obvious, or that they did not know about it.
Martin & Martin, PA represents slip and fall victims in DeSoto County who are dealing with real injuries caused by someone else's failure to maintain safe conditions.
Understanding Premises Liability in Mississippi
Slip and fall cases fall under an area of law called premises liability. In Mississippi, property owners and occupiers have a duty to keep their property reasonably safe for visitors.
The level of care owed depends on why you were on the property:
Invitees
Customers, shoppers, diners, hotel guests, and other people invited onto the property for business purposes. Property owners owe invitees the highest duty of care — they must actively inspect for hazards and fix or warn about dangerous conditions.
Licensees
Social guests and others who enter the property with permission but not for the owner's commercial benefit. Owners must warn licensees about known hazards that are not obvious.
Trespassers
People who enter without permission. Generally, property owners owe a limited duty to trespassers, though there are exceptions — particularly for child trespassers.
Most slip and fall cases involve invitees — people who fell in a store, restaurant, parking lot, or other business. The property owner had a duty to keep the premises safe, and they failed.
Common Hazards That Cause Slip and Fall Accidents
Wet or Slippery Floors
Spills, mopping without warning signs, leaks, and tracked-in rain or snow create slick surfaces. Grocery stores, restaurants, and retail shops see these hazards frequently.
Uneven Surfaces
Cracked sidewalks, buckled flooring, uneven thresholds, and broken tiles can catch a foot and cause a fall. These hazards are especially dangerous because they are often difficult to see.
Poor Lighting
Stairwells, parking lots, hallways, and entryways that are not adequately lit make it hard to see obstacles or changes in elevation.
Missing or Broken Handrails
Stairs without handrails, or with loose or broken handrails, are a common cause of falls — particularly for older adults.
Cluttered Walkways
Merchandise, boxes, cords, and equipment left in walking paths create tripping hazards.
Damaged Parking Lots
Potholes, loose gravel, faded or missing striping, and crumbling curbs in parking areas can cause falls before a visitor even reaches the building.
Weather-Related Hazards
Property owners must take reasonable steps to address ice, standing water, and other weather-related conditions in a timely manner.
Injuries From Slip and Fall Accidents
Broken Hips
Hip fractures are one of the most serious slip and fall injuries, especially for older adults. A broken hip often requires surgery and months of rehabilitation, and many patients never fully regain their prior level of mobility.
Traumatic Brain Injuries
Hitting your head on the ground during a fall can cause concussions or more severe brain injuries. These injuries may not be immediately apparent but can have lasting effects on memory, cognition, and mood.
Back and Spinal Injuries
Herniated discs, compression fractures, and other spinal injuries from falls can cause chronic pain, limited mobility, and the need for ongoing medical care.
Broken Wrists and Arms
Instinctively trying to catch yourself during a fall often results in fractures to the wrist, hand, or forearm.
Knee Injuries
Torn ligaments, dislocated kneecaps, and meniscus tears from falls can require surgery and extended rehabilitation.
Shoulder Injuries
Rotator cuff tears, dislocations, and fractures from the impact of a fall can cause lasting pain and limited range of motion.
How We Prove a Slip and Fall Case
The biggest challenge in a slip and fall case is proving that the property owner knew about the hazard — or should have known — and failed to address it.
Constructive Notice
Even if the owner did not actually know about the specific hazard, they can still be held liable if the dangerous condition existed long enough that a reasonable owner would have discovered and fixed it. For example, a puddle that sat on a grocery store floor for an hour without being cleaned up suggests the store was not inspecting properly.
Evidence We Gather
- Incident reports — The report filed with the property owner or manager at the time of your fall.
- Surveillance footage — Many businesses have security cameras that may have captured your fall and the hazard that caused it. This footage can be deleted quickly, so acting fast is critical.
- Maintenance records — Inspection logs, cleaning schedules, and work orders that show whether the property was being properly maintained.
- Witness statements — Other customers or employees who saw the hazard or witnessed your fall.
- Photos — Images of the hazard, the scene, your injuries, and your footwear (to counter claims that your shoes caused the fall).
- Medical records — Documentation connecting your injuries directly to the fall.
Compensation for Slip and Fall Victims
Economic Damages
- Medical bills (emergency care, surgery, physical therapy, medication)
- Future medical expenses for ongoing treatment
- Lost wages from missed work
- Reduced earning capacity if your injuries limit your ability to work
Non-Economic Damages
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
Comparative Negligence
The property owner's insurance company will almost certainly argue that you were partly at fault — that you were distracted, wearing improper shoes, or should have seen the hazard. Mississippi's pure comparative negligence rule means you can still recover damages even if you were partly responsible, but your compensation is reduced by your percentage of fault. We work to minimize any fault attributed to you.
Where Slip and Fall Accidents Happen in DeSoto County
Slip and fall injuries can happen almost anywhere. Some of the most common locations include:
- Grocery stores and retail shops — Spills, cluttered aisles, and wet entryways
- Restaurants and bars — Greasy floors, spilled drinks, and uneven surfaces
- Hotels and resorts — Pool areas, lobby floors, and stairwells
- Office buildings — Elevators, parking garages, and common areas
- Apartment complexes — Broken stairs, icy walkways, and poorly lit hallways
- Government buildings — Courthouses, libraries, and municipal facilities
- Sidewalks and parking lots — Cracked concrete, potholes, and missing curbing
No matter where your fall happened, if the property owner failed to maintain safe conditions, they may be liable.
Why DeSoto County Residents Trust Martin & Martin, PA for Slip and Fall Cases
Slip and fall cases are often undervalued by insurance companies. They dismiss the injuries as minor and offer lowball settlements. Martin & Martin, PA knows better.
We take slip and fall cases seriously because we have seen the real impact these injuries have on people's lives. We investigate thoroughly, build strong evidence, and fight for compensation that actually reflects the harm you have suffered.
We work on a contingency fee basis. No upfront costs. You only pay if we recover money for you.
Local Resources in DeSoto County
If you were injured in a slip and fall accident in DeSoto County, these resources may help:
For legal help with a slip and fall claim, contact Martin & Martin, PA for a free consultation.
FAQs
How do I prove the property owner was at fault for my fall?
You need to show that the property owner knew or should have known about the hazardous condition and failed to fix it or warn about it. Evidence like surveillance footage, maintenance records, and witness statements help establish this.
The store says they did not know about the spill. Can I still file a claim?
Yes. Under the doctrine of constructive notice, a property owner can be held liable if the hazard existed long enough that they should have discovered it through reasonable inspections. How long the hazard was present is a key factual question.
What if I did not report my fall right away?
You should report a fall as soon as possible, but a delayed report does not automatically prevent you from filing a claim. However, prompt reporting strengthens your case and creates an official record of the incident.
What should I do immediately after a slip and fall?
Report the incident to the property owner or manager. Take photos of the hazard, the area, and your injuries. Get contact information from any witnesses. Seek medical attention as soon as possible. Keep your shoes and clothing from the day of the fall. Then contact a lawyer.
Can I file a claim if I fell on a public sidewalk?
Potentially. If a government entity was responsible for maintaining the sidewalk and failed to do so, you may have a claim. These cases have special procedural requirements and shorter deadlines, so prompt legal action is important.
The insurance company says my injuries are from a pre-existing condition. What do I do?
Insurance companies frequently try to blame injuries on pre-existing conditions. Under the 'eggshell plaintiff' rule, the property owner is responsible for the full extent of your injuries — even if a pre-existing condition made you more vulnerable. A lawyer can help present the medical evidence showing how the fall worsened your condition.
How long do I have to file a slip and fall lawsuit in Mississippi?
Mississippi has a statute of limitations for personal injury claims. The deadline runs from the date of the fall. Do not wait to speak with a lawyer.
What if I was partly at fault for my fall?
Mississippi's pure comparative negligence rule allows you to recover compensation even if you were partly at fault. Your award is reduced by your percentage of responsibility, but you are not barred from recovering.
How much does it cost to hire a slip and fall lawyer?
There is no upfront cost with Martin & Martin, PA. We work on a contingency fee basis — we only get paid if we recover compensation for you.
How much is my slip and fall case worth?
The value depends on the severity of your injuries, your medical expenses, lost wages, the impact on your daily life, and the strength of the evidence against the property owner. We evaluate each case individually during a free consultation.