Even where facts indicate a licensor-licensee relationship, the Mississippi landowner does not always enjoy the diminished duty afforded by that legal category. Mississippi’s premises liability law does not shield the actively negligent property owner.
The Mississippi Supreme Court reversed and remanded the trial court’s entry of summary judgment for the landowner defendant. Premises liability law does not control when the owner is actively negligent in causing the injury. In the trial court, the owner defended on grounds that there was insufficient evidence of willful or wanton conduct (since the plaintiff was a licensee on the property). The plaintiff claimed active negligence, not a passive condition on the property. Therefore, principles of ordinary negligence applied. The owner would not be absolved of liability in this golf cart case merely because the incident happened on his property.
Judy S. Johnson v. Ronnie Goodson, In the Supreme Court of Mississippi (No. 2018-CA-00455-SCT); 3/22/2018; appealed from Hinds County Circuit Court.
Read the full opinion here: https://courts.ms.gov/Images/Opinions/CO137448.pdf