What is the Mississippi Negligence Law?
One person’s negligence can cause injury or death to another. Imagine you are driving in your neighboring street and you collide with a child riding his bicycle causing severe injury to the child. The child’s parents take you to court. As a defendant, do you have a strong case? As per the negligence laws by state, can you blame negligence on the parents and win the case?
Negligence Naw Definition
Negligence is defined as the failure to use reasonable care resulting in injury or death to another. According to negligence law definition, negligence is not doing something that a reasonable person would in a situation, and doing what a reasonable person wouldn’t do in a situation. As per the laws governing the state, every person is expected to follow a duty of care, one of the four elements of the negligence laws. Failing to act as per the duty of care can be a punishable offense if the four elements of the negligence laws are proved.
As per the negligence law definition, the four elements of negligence laws by the state include:
- Duty of care: It is the reasonable care that is expected by the residents of the state, in this case, the defendant.
- Breach of duty: breach of duty includes commission, committing an act that shouldn’t be done and omission, omitting to do what a person should do.
- Proximate cause: The damage suffered by the plaintiff was caused due to the breach of the negligence of the defendant which otherwise wouldn’t have happened.
- Damage: it is the genuine damage or injury suffered by the plaintiff.
The negligence laws by state differ from one state to another, but every state in the U.S. follow the above negligence law definition.
Negligence Law Mississippi
There are four types of negligence laws that are followed in the U.S.
- Contributory negligence
- Comparative negligence
- Gross negligence
- Vicarious liability
The negligence laws Mississippi follows the comparative negligence laws like every other state in the U.S. as well as the District of Columbia. But Mississippi negligence laws do not follow just comparative negligence laws. The state follows the pure comparative negligence laws.
As per comparative negligence, both, the plaintiff and the defendant share the liability for the accident. In modified comparative negligence, the plaintiff will not recover if he/she is found to be 50 percent or more responsible for the resulting injury. As per pure comparative negligence law Mississippi, the victim or the plaintiff can recover some compensation for the injury, no matter the percentage of fault.
For example, if you are the victim of an accident and your fault is 60%, as per Mississippi negligence laws, you are entitled to compensation for injury even if your fault is more than the defendant’s fault. No matter how negligent you were, you can recover some compensation.
If you consider the example stated above of a child playing on the street, under Mississippi negligence laws, the parents can claim compensation for the injured child. Though the negligence laws by state negligence law Mississippi is similar in most states of the U.S., as per negligence law Mississippi, the punishment for negligence in Mississippi is different from other states.
Punishment for Negligence in Mississippi
As per the Mississippi negligence laws, what is the punishment for negligence in Mississippi? In the state of Mississippi, the accused may serve a term in jail or pay a certain amount as fine if the judge convicts him or her of negligence. The term of imprisonment and the fine depending on the severity of the offense. In the state of Mississippi, death caused by negligence is considered manslaughter. It is a felony which is punishable by at least $500 fine, up to 1 year in the county jail, 2-20 years in the penitentiary.