→
Previous
Latest
SB2901 (As Sent to Governor) - 2019 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:
SB2901 (As Passed the Senate) - 2019 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:
Senator(s) Harkins, Blackwell, Gollott, Caughman, Michel, Clarke, Jackson (15th), Branning, Parks, Kirby, Carmichael, Seymour, Carter, Doty, Parker, Watson, Whaley, Wilemon, Moran, Hill, Browning, Massey, Hudson Senate Bill 2901 (As Sent to Governor) AN ACT TO CREATE THE LANDOWNERS PROTECTION ACT;
Senator(s) Harkins, Blackwell, Gollott, Caughman, Michel, Clarke, Jackson (15th), Branning, Parks, Kirby, Carmichael, Seymour, Carter, Doty, Parker, Watson, Whaley, Wilemon, Moran, Hill, Browning, Massey, Hudson Senate Bill 2901 (As Passed the Senate) AN ACT TO CREATE THE LANDOWNERS PROTECTION ACT;
     SECTION 1.  (1)  This section shall be known and may be cited as the "Landowners Protection Act."      (2)  For any premises-liability actions brought under the laws of the State of Mississippi, no person who owns, leases, operates, maintains, or manages commercial or other real property in the State of Mississippi and no director, officer, employee, agent or independent contractor acting on behalf of any such person shall be civilly liable to any invitee who is injured on said property as the result of the willful, wanton or intentional tortious conduct of any third party who is not a director, officer, employee or agent of the person who owns, leases, operates, maintains or manages such commercial or other real property unless the injured party can prove by a preponderance of the evidence that:
     SECTION 1.  (1)  This section shall be known and may be cited as the "Landowners Protection Act."      (2)  No person who owns, leases, operates, maintains, or manages commercial or other real property in the State of Mississippi and no director, officer, employee, agent or independent contractor acting on behalf of any such person shall be civilly liable to any invitee who is injured on said property as the result of the acts of negligence or gross negligence or the willful, wanton or intentional conduct of any third party who is not a director, officer, employee or agent of the person who owns, leases, operates, maintains or manages such commercial or other real property unless the injured party can prove by a preponderance of the evidence that:
     (3)  For any civil actions brought under the laws of the State of Mississippi for the purpose of alleging liability for the injury of an invitee as described in subsection (2) of this section, an atmosphere of violence shall only be established by similar violent conduct:
     (3)  An atmosphere of violence shall only be established by similar, violent conduct:
          (a)  Which occurred three (3) or more times within three (3) years before the third party act at issue;
          (a)  Which occurred within three (3) years before the third party act at issue and resulted in a felony conviction;
          (b)  Which took place only on the commercial or other real property where the acts of the third party occurred;
and           (b)  Took place only on the commercial or other real property where the acts of the third party occurred.
and           (c)  Which are based upon three (3) or more separate events or incidents that resulted in three (3) or more arraignments of an individual for a felony involving an act of violence.
     (4)  Civil liability may not be based on the prior violent nature of the third party whose acts or omissions proximately caused the claimed injury or damage.
     (4)  For any civil actions brought under the laws of the State of Mississippi for the purpose of alleging liability for the injury of an invitee as described in subsection (2) of this section, civil liability may not be based on the prior violent nature of the third party whose acts or omissions proximately caused the claimed injury or damage unless the person who owns, leases, operates, maintains or manages the property has actual, not constructive, knowledge of the prior violent nature of said third party.
     (7)  For purposes of this section, "premises-liability action" means a civil action based upon the duty owed to someone injured on a landowner's premises as a result of conditions or activities on the land.
     85-5-7.  (1)  As used in this section, "fault" means an act or omission of a person which is a proximate cause of injury or death to another person or persons, damages to property, tangible or intangible, or economic injury, including, but not limited to, negligence, malpractice, strict liability, absolute liability or failure to warn.  Except as otherwise provided in this subsection (1), "fault" shall not include any tort which results from an act or omission committed with a specific wrongful intent.  For any premises-liability action, as defined under Section 1(7) of this act, alleging injury as a result of the willful, wanton or intentional tortious conduct of a third party on commercial or other real property in the State of Mississippi, "fault" shall include any tort which results from an act or omission committed with a specific wrongful intent.
     85-5-7.  (1)  As used in this section, "fault" means an act or omission of a person which is a proximate cause of injury or death to another person or persons, damages to property, tangible or intangible, or economic injury, including, but not limited to, negligence, malpractice, strict liability, absolute liability or failure to warn.  "Fault" shall * * * not include any tort which results from an act or omission committed with a specific wrongful intent.
     SECTION 3.  This act shall take effect and be in force from and after July 1, 2019.
     SECTION 3.
This act shall take effect and be in force from and after July 1, 2019.
⬇ Download PDF