No owner, occupant, lessee or managing agent of property shall be liable for the death or injury of an independent contractor or the independent contractor's employees resulting from dangers of which the contractor knew or reasonably should have known.
Laws, 2002, 3rd Ex Sess, ch. 4, § 7; Laws, 2004, 1st ex. Sess., ch. 1, § 5, eff. 9/1/2004, and applicable to all causes of action filed on or after 9/1/2004.
Notes of Decisions
Tanner v. Roseburg Forest Prods. South, Ltd. P'ship, 185 So. 3d 1062 (Miss. Ct. App. 2016).
· cites it 16× “The trial court found that Tanner “was aware prior to the accident of the hazards concerning the forklift and stairs' at issue at the time of the alleged injury.”
Wilbanks v. Hickman, 198 So. 3d 393 (Miss. Ct. App. 2016).
· cites it 6× “” Miss.Code Ann. § 11-1-66 (Rev. 2014). 5 In addition, to' establish liability based on an undisclosed dangerous condition, Wilbanks must show that Hickman had actual or constructive knowledge of the dangerous condition, or she created the dangerous condition.”
Pippen v. Tronox, LLC, 359 F. Supp. 3d 440 (N.D. Miss. 2019).
· cites it 8× “2 Tronox argues that it is immune from responsibility under Mississippi Code § 11-1-66, that the Plaintiffs cannot establish the elements of negligence, and that the Plaintiffs failed to bring forth any competent evidence to support their negligent misrepresentation claims.”
McSwain v. Sys. Energy Resources, Inc., 97 So. 3d 102 (Miss. Ct. App. 2012).
· cites it 6× “McSwain now appeals, asserting summary judgment was inappropriate for the following reasons: (1) EOI, operating on behalf of System Energy and SMEPA, retained substantial de facto control over the premises and work to be performed by S & W; (2) EOI failed to provide a reasonably…”
David McKean v. Yates Eng'g Corp., 210 So. 3d 1037 (Miss. Ct. App. 2015).
· cites it 8× “The plaintiffs also claim that ARMC is vicariously liable for Yates Construction’s behavior based on an agency relationship between ARMC and Yates Construction.”
Fairley Constr. Servs., Inc. v. James Savage, 265 So. 3d 203 (Miss. Ct. App. 2019).
· cites it 2× “of property shall be liable for the death or injury of an independent contractor or the independent contractor's employees resulting from dangers of which the contractor knew or reasonably should have known.”
Andrews v. Mississippi Farm Bureau Cas. Ins. Co., 187 F. Supp. 3d 749 (S.D. Miss. 2016).
· cites it 2× “First, it asserted she cannot prevail on her claims against Davidson because under Mississippi law, and specifically, Miss. Code Ann. § 11-1-66 , a landowner is not liable for the death or injury of an independent contractor such as Willie Andrews resulting from dangers of which…”
Rose v. Nissan North Am., 135 F.4th 1013 (5th Cir. 2025).
· cites it 4× “” Miss. Code Ann. § 11-1-66 . Finding no genuine dispute that Automated Power was Nissan’s independent Case: 24-60447 Document: 59-1 Page: 2 Date Filed: 04/25/2025 No.”
Agustin Mendez Lopez v. Bellamare Dev., LLC (Miss. Ct. App. 2019).
· cites it 26× “Mendez moved for a default judgment against the independent contractor, Varnell, and his company, Varnell Framing Contractors, in December 2015 because “neither [party] [had] filed an Appearance in this matter.” The court granted the motion. Varnell did not testify in this case.”
Miller v. Tronox, LLC (N.D. Miss. 2025).
· cites it 23× “In 2003, the Mississippi Legislature statutorily limited liability in this context by enacting Mississippi Code Section 11-1-66, which provides as follows: No owner, occupant, lessee or managing agent of property shall be liable for the death or injury of an independent…”
Boddie v. Walker, 280 F. Supp. 3d 920 (N.D. Miss. 2017).
“For example, it is unclear to this court whether the Supreme Court would reverse a trial court’s pretrial grant of summary judgment on the punitive damages issue,'as being a violation of § 11-1-66 as interpreted in Bradfield. This court has some doubts whether Bradfield would be…”
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