Under Mississippi law, "[t]he owner or operator of business premises owes a duty to an invitee to exercise reasonable care to keep the premises in a reasonably safe condition and, if the operator is aware of a dangerous condition, which is not readily apparent to the invitee, he is under a duty to warn the invitee of such condition." Goff v. Coe, 933 So. 2d 992, 993-94 (¶4) (Miss. Ct. App. 2006) (quoting Jerry Lee’s Grocery Inc. v. Thompson, 528 So. 2d 293, 295 (Miss. 1988)). "When a dangerous condition is caused by the premises owner’s or business operator’s own negligence, it is not required that a plaintiff show that the owner/operator had knowl edge of such condition." Id.

A. Status of Injured Party In analyzing a premises liability claim, a court must look first to whether the injured party, at the time of the injury, was an invitee, licensee, or trespasser. Goff v. Coe, 933 So.2d 992 (Miss.Ct.App. 2006) (quoting Estate of White ex rel White v. Rainbow Casino-Vicksburg P'ship, 910 So.2d 713, 718 (¶ 15) (Miss.Ct.App. 2005)). The Mississippi Supreme Court has defined these statuses as follows: "an invitee is a person who goes upon the premises of another in answer to the express or implied invitation of the owner or occupant for their mutual advantage . . . A licensee is one who enters upon the property of another for his own convenience, pleasure, or benefit pursuant to the license or implied permission of the owner whereas a trespasser is one who enters upon another premises without license, invitation, or other right."

No. 2004 CA 2281. December 22, 2005.