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MS SB2901

Bill

Status

Passed

3/29/2019

Primary Sponsor

Josh Harkins

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Origin

Senate

2019 Regular Session

AI Summary

  • Creates the "Landowners Protection Act" limiting civil liability of property owners, lessees, operators, and managers for injuries caused by willful, wanton, or intentional conduct of third parties on their commercial or other real property.

  • Requires injured parties to prove by preponderance of evidence that the property owner's conduct actively and affirmatively impelled the third party's conduct and that the third party's conduct proximately caused the damages.

  • Establishes that "atmosphere of violence" can only be established by three or more similar violent incidents within three years on the same property resulting in three or more separate felony arraignments.

  • Requires property owners to have actual (not constructive) knowledge of a third party's prior violent nature to be held civilly liable based on that history.

  • Amends Section 85-5-7 to include intentional torts in the definition of "fault" for premises-liability actions involving third-party violent conduct and takes effect July 1, 2019.

Legislative Description

Landowners Protection Act; create.

Last Action

Approved by Governor

3/29/2019

Committee Referrals

Judiciary A2/19/2019
Business and Financial Institutions1/21/2019

Full Bill Text

No bill text available