Negligence in Mississippi
State-specific overview · Tort Law
Mississippi applies pure comparative negligence, allowing recovery even if plaintiff is primarily at fault, with proportional damage reduction.
How Mississippi treats Negligence
Mississippi permits plaintiffs to recover damages reduced by their own percentage of negligence, even if they bear 90% or more of the fault. The state recognizes negligence as the failure to exercise reasonable care, with courts applying an objective standard based on how a reasonably prudent person would act. Juries determine both whether negligence occurred and the degree of comparative fault.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Mississippi.