Sidewalk and Public Property Falls in Mississippi

Under the Mississippi Tort Claims Act, a government entity is not liable for an injury from a dangerous condition on its property that its employees did not cause, unless it had actual or constructive notice and an adequate chance to protect against or warn of it, and it is not liable for failing to warn of a dangerous condition that is obvious to a person using due care. It is also not liable for injuries caused solely by the effect of weather on the use of streets and highways. The sections read do not mention sidewalks specifically or say whether the owner of property next to a sidewalk is responsible.

The Mississippi Tort Claims Act covers both the state and local governments. At least 90 days before suing, the injured person must deliver a written notice of claim in person or by registered or certified mail (for a county to the chancery clerk, for a city to the city clerk, and for other political subdivisions to the chief executive officer), stating how and when the injury happened, its extent, the people involved, the damages sought and the claimant's residence. Suit must generally be filed within one year; filing the notice pauses that period for 95 days, and after a denial or the end of that pause the claimant has 90 days to sue. Liability for all claims from one occurrence is capped at $500,000, with no punitive damages or prejudgment interest.

Under the Mississippi Tort Claims Act, a written notice of claim must be delivered (in person or by registered or certified mail) at least 90 days before filing suit: to the chancery clerk for a county, the city clerk for a city, or the chief executive officer for a state entity or other political subdivision. The notice must describe the facts, injury, time and place, people involved, amount sought and the claimant's residence. The lawsuit must be filed within one year after the conduct; filing the notice within that year pauses the deadline for 95 days, and after denial or the end of that period the claimant has 90 more days to sue. Liability is capped at $500,000 for all claims from a single occurrence (for acts on or after July 1, 2001), with no punitive damages or pre-judgment interest.

Three years. Actions with no other specific limitation period, which includes most negligence personal injury claims, must be filed within three years after the cause of action accrues. For latent injuries or diseases, the time starts when the injury is discovered or reasonably should have been discovered.