Tort Law Mississippi

TORT LAWS OF MISSISSIPPI

The law relating to tort in the state of Mississippi is governed by Chapter 95 of the Mississippi Code 1972. The chapter recognizes the following as the Tortious act:

  1. Libel and slander
  2. Nuisances
  3. Trespass
  4. Liability exemption for donors of food
  5. Liability exemption for volunteers and sports officials
  6. Liability exemption for equine activities

NUISANCES

As per the code "Nuisance" means any place in or upon which lewdness, assignation or prostitution is conducted, permitted, continued or exists or any other place in or upon which a controlled substance as defined in section 41-29-105, Mississippi Code of 1972, is unlawfully used, possessed, sold or delivered and the personal property and contents used in conducting or maintaining any such place for any such purpose. One single act of unlawful cohabitation, lewdness or possession, use, sale or delivery of a controlled substance about such property shall not come within the terms hereof.

PERSONS GUILTY

Any person who shall use, occupy, establish or conduct a nuisance as herein defined, or aid or abet therein, and the owner, agent or lessee of any interest in such nuisance, together with the person employed in or in control of any such nuisance by any such owner, agent or lessee, shall be guilty of maintaining a nuisance and shall be enjoined as hereinafter provided.

ACTION TO ABATE AND ENJOIN

Whenever a nuisance exists, the attorney-general of the state, the district attorney of the district, the county attorney, or any person who is a citizen of the county, may bring an action in equity in the name of the State of Mississippi, upon the relation of such attorney general, district attorney, or county attorney, or person to abate such nuisance and to perpetually enjoin the person or persons maintaining the same from further maintenance thereof.

JURISDICTION

Action against the act of Nuisance shall be brought in the Chancery Court of the county in which the property is located. The aggrieved party may file a duly verified bill of complaint, stating the facts constituting the nuisance, the names of the parties, the object of the action, a substantial description of the place constituting the alleged nuisance, and a general description of the personal property used in connection therewith.

The bill of complaint may contain an application for a temporary injunction, and where such application has been made, the chancery court, the chancellor in vacation, any judge of the circuit court, or a judge of the supreme court, may in his discretion, on good cause shown, on motion of the complainant, issue an ex parte restraining order restraining the defendants and all oter persons from removing or in any manner interfering with the personal property and contents of the place where such nuisance is alleged to exist. The injunction will prevail until the decision of the court granting or refusing such temporary injunction, and until the further order of the court thereon.

The restraining order may be served by handing to and leaving a copy of said order with any person in charge of said place or residing therein, or by posting a copy thereof in a conspicuous place at or upon one or more of the principal doors or entrances to such place, or by both such delivery and posting.

The officer serving such restraining order shall forthwith make and return into court an inventory of the personal property and contents situated in and used in conducting or maintaining such nuisance. When such restraining order is so posted, mutilation or removal thereof, while the same remains in force, shall be a contempt of court, provided such posted order contains thereon a notice to that effect.

PROCEDURE FOR TEMPORARY INJUNCTION

When the bill contains an application for a temporary injunction a hearing thereon shall be granted within ten days after the filing of the bill; but a copy of the complaint together with a notice of the time and place of the hearing of the application for a temporary injunction, shall be served upon the defendants at least five days before such hearing. If the hearing be then continued at the instance of any defendant, the temporary writ as prayed shall be granted as a matter of course.

Each defendant so notified may file a verified answer on or before the date fixed in said notice for said hearing, but the court or judge may allow additional time for so answering, provided such extension of time shall not prevent the issuing of said temporary writ as prayed for. No bond shall be required for the issuance of any restraining order or temporary injunction mentioned in this chapter.

TRIAL AND PERMANENT INJUNCTION

The action when brought shall be triable at the next term of court, provided process shall have been served for twenty or more days, otherwise at the following term, and said cause shall have precedence over all other cases except election contests, or injunctions.

In such action evidence of the general reputation of the place, or an admission, or finding, of guilt of any person under the criminal laws against prostitution, lewdness, or assignation at any such place is admissible for the purpose of proving the existence of said nuisance and shall be prima facie evidence.

If the complaint is filed by a person who is citizen of the county, it shall not be dismissed except upon a sworn statement by the complainant and his or its attorney, setting forth the reasons why the actions should be dismissed and the dismissal approved by the district attorney or county attorney in writing or in open court.

If the action is brought by a person who is a citizen of the county and the court finds that there were no reasonable grounds or cause for said action, the costs may be taxed to such person.

If the existence of the nuisance be established upon the trial, a judgment shall be entered which shall perpetually enjoin the defendants and other person or persons from further maintaining the nuisance at the place complained of, and the defendants from maintaining such nuisance elsewhere within the chancery district, and may tax said defendants with all costs of the proceedings beside granting a permanent injunction to restrain further nuisance.