This piece of legislation will have significant implications for personal injury and wrongful death actions, especially in the context of claims involving latent injuries or diseases. It stipulates that such claims will not accrue until the injury is discovered or should have been discovered by the plaintiff. Additionally, it introduces provisions related to bad faith actions against insurers and the handling of competing third-party claims arising from a single occurrence, limiting insurers' liabilities more strictly than previous laws.
Summary
Senate Bill 2705 aims to amend Section 11-55-7 of the Mississippi Code of 1972, specifically addressing the awarding of attorney fees in civil actions. The bill establishes a strong presumption that a lodestar fee is both sufficient and reasonable when awarded by the courts. Furthermore, it outlines the circumstances under which this presumption can be overturned, potentially streamlining the process for determining reasonable attorney fees. By clarifying the presumptive fee structure, the bill aims to provide greater predictability for parties involved in civil litigation.
Contention
There may be contention surrounding the bill, particularly regarding the presumption against liability for owners of multifamily residential properties, linked to crime prevention measures. The bill creates an environment where property owners may be less liable for crimes occurring on their premises if they can demonstrate the implementation of adequate security measures. Critics may argue this incentivizes a lack of vigilance among property owners regarding tenant safety and could diminish accountability in the face of crime.