Senate Bill 2813

AN ACT TO EXEMPT COMMERCIAL OR OTHER REAL PROPERTY OWNERS FROM LIABILITY UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) No person who owns, leases, operates, maintains, or manages commercial or other real property in the State of Mississippi and no director, officer, employee, agent or independent contractor acting on behalf of any such person shall be civilly liable to any business invitee or licensee for any condition on the premises which is usual and which persons on the premises should normally expect to encounter on the premises. Any such usual and expected condition is not unreasonably dangerous and no person may recover for injuries caused by any such usual and expected condition on the premises.

(2) No person who owns, leases, operates, maintains, or manages commercial or other real property in the State of Mississippi and no director, officer, employee, agent or independent contractor acting on behalf of any such person shall be civilly liable to any business invitee or licensee for injuries or damages incurred as the result of the acts of negligence or gross negligence or the willful, wanton or intentional conduct of any third party who is not a director, officer, employee or agent of the person who owns, leases, operates, maintains or manages such commercial or other real property unless the injured party can prove by clear and convincing evidence that:

(a) The conduct of said third party was an unprovoked attack occurring in a common area on the premises;

(b) The conduct of the person who owns, leases, operates, maintains or manages the premises impelled the conduct of said third party; and

(c) The third party's conduct proximately caused the economic and noneconomic damages suffered by the business invitee or licensee.

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.