Legal Question in Personal Injury in Mississippi

Re: Premise Liability

Section 11-7-19 won't apply. Neither will premises liability law. If an employee is injured on the job, regardless of fault, their exclusive remedy would be through the workers' compensation system.

Re: Premise Liability

Good question. MCA 11-7-19 states "In all actions for personal injury to an employee, and in all actions where such injury results in death, such employee shall not be held to have assumed the risks of his employment in any case where such injury or death results in whole or in part from the negligence of the master. This rule shall not apply to conductors, or locomotive engineers, in charge of dangerous or unsafe cars or engines voluntarily operated by them."

If the employer does not have worker's compensation insurance or is not a qualified self-insurer then the employer will be responsible for employee injuries due to negligence even if the employee knew of the risk of injury.