Landowners Protection Act; repeal.
The main change resulting from HB355 is the alteration of how fault is attributed in civil cases involving multiple parties. By amending the definition of 'fault', the bill aims to clarify that fault shall include cases of willful, wanton, or intentional tortious conduct by third parties on commercial or residential property. This legal transformation can potentially lower the burden of liability on landowners, modifying their obligations toward injuries occurring on their properties.
House Bill 355 is a legislative proposal aimed at repealing the Landowners Protection Act, specifically Section 11-1-66.1 of the Mississippi Code of 1972. This repeal is significant as it directly impacts the legal protections previously afforded to landowners concerning premises liability actions. The repeal seeks to amend Section 85-5-7, redefining the term 'fault' within the context of civil actions related to injury or damages caused by multiple defendants.
Discussions concerning HB355 may involve contention around the implications for victims of premises liability. Advocates of the repeal argue that it corrects overly protective measures that could disadvantage landowners in negligence claims. However, opponents express concerns that this change could weaken protections for individuals injured on others' properties, arguing that it could create hurdles for legitimate claims resulting from negligence or recklessness.
If enacted, House Bill 355 will primarily shift the dynamics of premises liability in Mississippi, reinforcing a legal structure that favors landowners while diminishing the remedial options available to those harmed in incidents of injury. The legislation reflects broader trends in tort reform and liability management, which may impact future civil litigation and the rights of individuals in personal injury cases.