Title 95 — Torts

Mississippi Code of 1972 — Title 95. Torts

Text as published by FindLaw, current as of 2025-01-01.

Miss. Code Ann. § 1-1-9 asserts that copyright in the Mississippi Code of 1972, including catchlines, section numbering, source lines and annotations, is owned by the State of Mississippi.

Chapter 1 Libel and Slander

§ 95-1-1

All words which, from their usual construction and common acceptation, are considered as insults, and calculated to lead to a breach of the peace, shall be actionable; and a plea, exception or demurrer shall not be sustained to preclude a jury from passing thereon, who are the sole judges of the damages sustained; but this shall not deprive the courts of the power to grant new trials, as in other cases.

§ 95-1-3

(1) The owner, licensee or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, by any person other than the owner, licensee or operator, or some agent or employee thereof.

(2) In no event, however, shall any owner, licensee or operator, or the agents or employees of any such owner, licensee or operator of such a station or network of stations, be held liable for any damages for any defamatory statement uttered over the facilities of such station or network by or on behalf of any candidate for public office, unless such statement is made by an agent or employee of the station in the course of his employment.

§ 95-1-5

(1) Before any civil action is brought for publication, in a newspaper domiciled and published in this state or authorized to do business in Mississippi so as to be subject to the jurisdiction of the courts of this state, of a libel, or against any radio or television station domiciled in this state, the plaintiff shall, at least ten (10) days before instituting any such action, serve notice in writing on the defendant at its regular place of business, specifying the article, broadcast or telecast, and the statements therein, which he alleges to be false and defamatory.

(2) If it appears upon the trial that said article was published, broadcast or telecast in good faith, that its falsity was due to an honest mistake of the facts, and there were reasonable grounds for believing that the statements in said article, broadcast or telecast were true, and that within ten (10) days after the service of said notice a full and fair correction, apology and retraction was published in the same edition or corresponding issues of the newspaper in which said article appeared, and in as conspicuous place and type as was said original article, or was broadcast or telecast under like conditions correcting an honest mistake, and if the jury shall so find, the plaintiff in such case shall recover only actual damages. The burden of proof of the foregoing facts shall be affirmative defenses of the defendant and pled as such.

(3) This section shall not apply to any publication concerning a candidate for public office made within ten (10) days of any primary, general or special election in which such candidate's candidacy for or election to public office is to be determined, and this section shall not apply to any editorial or to any regularly published column in which matters of opinions are expressed.

Chapter 3 Nuisances

§ 95-3-1

For the purpose of this chapter the terms place, person and nuisance are defined as follows:

a. “Place” shall include any building, erection, or structure or any separate part or portion thereof or the ground itself.

b. “Person” shall include any individual, corporation, association, partnership, trustee, lessee, agent or assignee.

c. “Nuisance” shall mean any place as above defined in or upon which lewdness, assignation or prostitution is conducted, permitted, continued or exists or any other place as above defined 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.

§ 95-3-3

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.

§ 95-3-5

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.

§ 95-3-7

Such action shall be brought in the chancery court of the county in which the property is located, by a 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 other persons from removing or in any manner interfering with the personal property and contents of the place where such nuisance is alleged to exist, 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.

§ 95-3-9

When the bill contains an application for a temporary injunction a hearing thereon shall be granted within ten (10) 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 (5) 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.

§ 95-3-11

If, upon the hearing, the allegations be sustained to the satisfaction of the court, the court shall issue a temporary injunction restraining the defendants and any other person or persons from continuing the nuisance. When the temporary injunction has been granted, it shall be binding on the defendants throughout the chancery district. If at the time of granting a temporary injunction it shall further appear that the person owning, in control, or in charge of the nuisance so enjoined, has received five (5) days' notice of the hearing, then unless such person shall show to the satisfaction of the court or judge that the nuisance complained of has been abated, or that such person proceeded forthwith to enforce his rights under the provisions of this chapter, the court or judge shall forthwith also issue an order closing the place for any purpose until decision shall be rendered on the application for a permanent injunction. Such order shall also continue in effect for such further period the restraining order above provided, if already issued, or if not issued, shall include such an order restraining for such period the removal or interference with the personal property and contents located thereat or therein as hereinbefore provided, and such restraining order shall be served and the inventory of such property shall be made and filed as hereinbefore provided. However, if the owner or owners of any real or personal property so closed or restrained, or to be closed or restrained, appear at any time between the filing of the bill of complaint and the hearing on the application for a permanent injunction, and pay all costs incurred and file a bond by the owner of the real property with sureties to be approved by the clerk in the full value of the property to be ascertained by the clerk, conditioned that such owner or owners will immediately abate the nuisance and prevent same from being established or kept until the decision of the court shall have been rendered on the application for a permanent injunction, then and in that case, the court, or judge in vacation, if satisfied of the good faith of the owner of the real property and of innocence on the part of any owner of the personal property of any knowledge of the use of such personal property as a nuisance, and that, with reasonable care and diligence, such owner could not have known thereof, shall deliver such real or personal property or both to the respective owners thereof, and cancel or refrain from issuing at the time of the hearing on the application for the temporary injunction, as the case may be, any order or orders closing such real property or restraining the removal or interference with such personal property.

§ 95-3-13

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 shall be admissible for the purpose of proving the existence of said nuisance and shall be prima facie evidence of such nuisance and of knowledge of and acquiescence and participation therein on the part of the person or persons charged with maintaining said nuisance as herein defined. 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 court be of the opinion that the action ought not to be dismissed, he may direct the district attorney or county attorney to prosecute said action to final decree, and if the action is continued more than one term of court any person who is a citizen of the county, or the attorney general, or the district attorney, or the county attorney, may be substituted for the complainant and prosecute said action to final decree. 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.

§ 95-3-15

If the existence of the nuisance be admitted, or established in an action as provided in this chapter, an order of abatement shall be entered as a part of judgment in the case, which order shall direct the removal from the place of all personal property and contents used in conducting the nuisance, and not already released under authority of the court as provided in Section 95-3-11, and shall direct the sale in the manner provided for the sale of chattels under execution of such personal property as belong to the defendants notified or appearing. Such order shall also require the renewal for one (1) year of any bond furnished by the owner of the real property as provided in Section 95-3-11, or, if not so furnished, shall continue for one (1) year any closing order issued at the time of granting the temporary injunction, or, if no such closing order was issued, shall include an order directing the effectual closing of the place against its use for any purpose, and so keeping it closed for a period of one (1) year, unless sooner released; provided, however, that the owner of any place so closed and not released under bond as hereinbefore provided in Section 95-3-11, may at this time appear and obtain such release in the manner and upon fulfilling the requirements as hereinbefore provided. The release of the property under any of the provisions of this chapter shall not release it from any judgment, lien, penalty, or liability to which it may be subject by law. Owners of unsold personal property and contents so seized must appear and claim same within ten (10) days after such order of abatement is made and prove innocence, to the satisfaction of the court, of any knowledge of said use thereof and that with reasonable care and diligence they could not have known thereof. Every defendant in the action shall be presumed to have had knowledge of the general reputation of the place. If such innocence be so established, such unsold personal property and contents shall be delivered to the owner, otherwise it shall be sold as hereinbefore provided. If any person shall break and enter or use a place so directed to be closed, he shall be punished as for contempt as provided hereinafter. For removing and selling the personal property and contents, the officer shall be entitled to charge and receive the same fees he would for levying upon the selling like property on execution; and for closing the place and keeping it closed, a reasonable sum shall be allowed by the court.

§ 95-3-17

The provisions of existing laws regarding the service of process shall apply to service in proceedings under this chapter. The person in whose name the real estate affected by the action stands on the books of the tax collector for purposes of taxation shall be presumed to be the owner thereof, and in case of unknown persons having or claiming any ownership, right, title or interest in property affected by the action, such may be made parties to the action by designating them in the summons and complaint as “all other persons unknown claiming any ownership, right, title or interest in the property affected by the action,” and service thereon may be had by publishing in the manner prescribed by law. Any person having or claiming such ownership, right, title or interest, and any owner or agent in behalf of himself and such owner, may make, serve, and file his answer therein twenty (20) days after such service and have trial of his rights in the premises by the court, and if said cause had already proceeded to trial or to findings and judgment, the court shall by order fix the time and place of such further trial and shall modify, add to, or confirm such findings and decrees as the case may require. Other parties to said action shall not be affected thereby.

§ 95-3-19

In case of the violation of any injunction or closing order granted under provisions of this chapter, or of a restraining order or the commission of any other contempt of court in proceedings under this chapter, the court, or the chancellor in vacation, may summarily try and punish the offender. The proceedings shall be commenced by filing with the clerk of the court a complaint upon oath setting out and alleging facts constituting such violation, upon which the court or chancellor shall cause a warrant to issue, under which the defendant shall be arrested. The trial thereof may be had upon affidavits or either party may demand the production and oral examination of the witnesses. A party found guilty of contempt under the provisions of this chapter shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00) or by imprisonment in the county jail not less than three (3) nor more than six (6) months or by both such fine and imprisonment.

§ 95-3-21

In case the existence of such nuisance is established in a criminal proceeding, under existing laws, it shall be the duty of the county attorney or district attorney to proceed promptly under this chapter to enforce the provisions and penalties thereof, and the finding of the defendant guilty in such criminal proceedings, unless reversed or set aside, shall be conclusive as against such defendant as to the existence of the nuisance. All moneys collected under this chapter shall be paid into the county treasury. The proceeds of the sale of the personal property, as provided in Section 95-3-15, shall be applied in payment of the costs of the action and abatement, including the complainant's costs, or so much of such proceeds as may be necessary, except as otherwise provided by law.

§ 95-3-23

If a tenant or occupant of a building or tenement under a lawful title uses such place as a nuisance as herein defined, such use shall annul and make void the lease or other title under which he holds and, without any act of the owner, shall cause the right of possession to revert and vest in the owner, and the owner may without process of law make immediate entry upon the premises.

§ 95-3-25

Any building, club, vessel, boat, place or room, wherein is kept or exhibited any game or gaming table, commonly called A.B.C. or E.O. roulette, or rowley-powley, or rouquetnoir, roredo, keno, monte, or any faro-bank, dice, or other game, gaming table, or bank of the same or like kind, or any other kind or description of gambling device under any other name whatever, and any such place where information is furnished for the purpose of making and settling bets or wagers on any horse race, prize fight, or on the outcome of any like event, or where bets or wagers are arranged for, made or settled, shall be deemed to be a common nuisance and may be abated by writ of injunction, issued out of a court of equity upon a bill filed in the name of the state by the Attorney General, or any district or county attorney, whose duty requires him to prosecute criminal cases on behalf of the state in the county where the nuisance is maintained, or by any citizen or citizens of such county, such bill to be filed in the county in which the nuisance exists. And all rules of evidence and of practice and procedure that pertain to courts of equity generally in this state may be invoked and applied in any injunction procedure hereunder. The provisions of this section shall not apply to any form of gaming or gambling that is legal under the laws of the State of Mississippi or to a licensed gaming establishment and shall not apply to any licensed gaming establishment having on its premises any gambling device, machine or equipment that is owned, possessed, controlled, installed, procured, repaired or transported in accordance with subsection (4) of Section 97-33-7.

Upon the abatement of any such nuisance, any person found to be the owner, operator or exhibitor of any gambling device described in the first paragraph of this section may be required by the court to enter into a good and sufficient bond in such amount as may be deemed proper by the court, to be conditioned that the obligor therein will not violate any of the laws of Mississippi pertaining to gaming or gambling for a period of not to exceed two (2) years from the date thereof. The failure to make such bond shall be a contempt of court and for such contempt the person or party shall be confined in the county jail until such bond is made, but not longer than two (2) years. Said bond shall be approved by the clerk of the court where the proceedings were had and shall be filed as a part of the record of such case.

§ 95-3-27

This chapter shall be construed as supplementary to and in aid of existing statutes in this state relating to the same subject-matter, and not as a repeal of the same.

§ 95-3-29

(1) In any nuisance action, public or private, against an agricultural operation, including forestry activity, proof that the agricultural operation, including forestry activity, has existed for one (1) year or more is an absolute defense to the nuisance action, if the operation is in compliance with all applicable state and federal permits.

(2) The following words and phrases as used in this section shall have the meanings given them in this section:

(a) “Agricultural operation” includes, without limitation, any facility or production site for the production and processing of crops, or products thereof, livestock, or products thereof, farm-raised fish and fish products, livestock products, honeybees, honey and other products of the beehive, wood, timber or forest products, fowl or plants for breeding or sales and poultry or poultry products for commercial or industrial purposes. “Agricultural operation” also includes the use of farm machinery, equipment, devices, chemicals, products for agricultural use, materials and structures designed for agricultural use and used in accordance with best agricultural management practices and are in compliance with any applicable state and federal permits.

(b) “Forestry activity” means any activity associated with the reforesting, growing, managing, protecting and harvesting of timber, wood and forest products including nongame species.

(c) “Traditional farm practices” means those accepted customs and standards established and followed by similar agricultural operations under similar circumstances.

(3) The provisions of this section shall not be construed to affect any provision of the “Mississippi Air and Water Pollution Control Law.”

(4) This section shall not affect actions commenced prior to July 1, 1980.

Chapter 5 Trespass

§ 95-5-10

(1) If any person shall cut down, deaden, destroy or take away any tree without the consent of the owner of such tree, such person shall pay to the owner of such tree a sum equal to double the fair market value of the tree cut down, deadened, destroyed or taken away, together with the reasonable cost of reforestation, which cost shall not exceed Two Hundred Fifty Dollars ($250.00) per acre. The liability for the damages established in this subsection shall be absolute and unconditional and the fact that a person cut down, deadened, destroyed or took away any tree in good faith or by honest mistake shall not be an exception or defense to liability. To establish a right of the owner prima facie to recover under the provisions of this subsection, the owner shall only be required to show that such timber belonged to such owner, and that such timber was cut down, deadened, destroyed or taken away by the defendant, his agents or employees, without the consent of such owner. The remedy provided for in this section shall be the exclusive remedy for the cutting down, deadening, destroying or taking away of trees and shall be in lieu of any other compensatory, punitive or exemplary damages for the cutting down, deadening, destroying or taking away of trees but shall not limit actions or awards for other damages caused by a person.

(2) If the cutting down, deadening, destruction or taking away of a tree without the consent of the owner of such tree be done willfully, or in reckless disregard for the rights of the owner of such tree, then in addition to the damages provided for in subsection (1) of this section, the person cutting down, deadening, destroying or taking away such tree shall pay to the owner as a penalty Fifty-five Dollars ($55.00) for every tree so cut down, deadened, destroyed or taken away if such tree is seven (7) inches or more in diameter at a height of eighteen (18) inches above ground level, or Ten Dollars ($10.00) for every such tree so cut down, deadened, destroyed or taken away if such tree is less than seven (7) inches in diameter at a height of eighteen (18) inches above ground level, as established by a preponderance of the evidence. To establish the right of the owner prima facie, to recover under the provisions of this subsection, it shall be required of the owner to show that the defendant or his agents or employees, acting under the command or consent of their principal, willfully and knowingly, in conscious disregard for the rights of the owner, cut down, deadened, destroyed or took away such trees.

(3) All reasonable expert witness fees and attorney's fees shall be assessed as court costs in the discretion of the court.

§ 95-5-11

Every person who, without the consent of the owner or person in charge, shall loosen or take away any boat or water craft, shall pay to the owner thereof Twenty Dollars ($20.00), over and above the expenses for bringing back such boat or water craft.

§ 95-5-13

If a corporation or the agent or employee of a corporation shall deliver or cause to be delivered to any other corporation or its agent or employee for transportation, or shall receive for such purpose, or shall remove or secrete, without the consent of the owner or of his agent, any bag or sack commonly known as a cottonseed sack, so marked as to indicate its owner, it or he shall pay to the owner Twenty-five Cents (25¢) for each bag or sack so delivered or caused to be delivered, or received, or removed or secreted.

§ 95-5-15

If any person shall box for turpentine, or shall cut or cause to be cut a box or boxes in a pine tree on land not his own, without consent of the owner of the land or tree, he shall pay to the owner thereof Five Dollars ($5.00) for each pine tree so boxed or cut.

§ 95-5-19

The owner, or the immediate family, employee or agent of the owner, of any poultry or livestock, including cattle, horses, mules, jacks, jennets, sheep, goats and hogs, may kill any dog in the act of chasing or killing any such poultry or livestock, and any such person shall not be liable therefor to the owner of the dog.

§ 95-5-21

If any dog shall kill or injure any poultry or any livestock, including cattle, horses, mules, jacks, jennets, sheep, goats and hogs, the owner of the dog shall pay to the owner of such poultry or livestock any loss suffered as a result of such injury and the value of the poultry or livestock killed and all costs of collection, including court costs and reasonable attorney's fees.

§ 95-5-23

If any person shall put down any fence or bars, or open any gate, not his own, and leave the same down or open, without the permission of the owner, or shall in any manner injure or deface any bridge, building, or other structure not his own, he shall pay to the owner Twenty Dollars ($20.00) for every such offense, and shall be liable for all damages that may have resulted from such act.

§ 95-5-25

If any person shall set on fire any lands of another, or shall wantonly, negligently, or carelessly allow any fire to get into the lands of another, he shall be liable to the person injured thereby, not only for the injury to or destruction of buildings, fences, and the like, but for the burning and injury of trees, timber, and grass, and damage to the range as well; and shall moreover be liable to a penalty of One Hundred and Fifty Dollars ($150.00) in favor of the owner.

§ 95-5-27

All the provisions of this chapter giving a penalty for cutting down, deadening, girdling, boxing, destroying, or taking away trees of any kind, herein mentioned, and regulating the remedy for enforcing the same, shall apply when the injury is committed on land belonging to the state, or which is held by the state in trust for any purpose.

§ 95-5-29

An action for the remedies and penalties provided by Section 95-5-10 may be prosecuted in any court of competent jurisdiction within twenty-four (24) months from the time the injury was committed and not after. All other actions for any specific penalty given by this chapter may be prosecuted in any court of competent jurisdiction within twelve (12) months from the time the injury was committed, and not after; and a recovery of any penalty herein given shall not be a bar to any action for further damages, or to any criminal prosecution for any such offense as herein enumerated. A party, if he so elect, may, under any of the provisions of this chapter, claim less than the penalty given.

§ 95-5-31

(1) For the purposes of this section, the following words shall have the following meanings:

(a) “Possessor of real property” means any person with a fee, reversionary, or easement interest in real property, including an owner, lessee, or other lawful occupant.

(b) “Trespasser” means a person who enters upon the property of another without permission and without an invitation, express or implied, or other legal right.

(2) A possessor of real property owes no duty of care to a trespasser, except a duty to refrain from willfully or wantonly injuring such a person.

(3) Notwithstanding subsection (2) of this section, a possessor of real property may be subject to liability for injury to a trespasser if:

(a) The possessor discovers the trespasser in a position of peril on the property and fails to exercise reasonable care to prevent injury to that trespasser; or

(b) The trespasser is a child injured by an artificial condition on the possessor's property and all of the following apply:

(i) The place where the condition existed was one upon which the possessor knew or had reason to know that a child would be likely to trespass;

(ii) The condition is one of which the possessor knew or had reason to know and which the possessor realized or should have realized would involve an unreasonable risk of death or serious bodily harm to a child;

(iii) The injured child because of his or her youth did not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it;

(iv) The utility to the possessor of maintaining the condition and the burden of eliminating the danger was slight as compared with the risk to the child; and

(v) The possessor failed to exercise reasonable care to eliminate the danger or otherwise to protect the child.

(4) This section does not create or increase the liability of any possessor of real property and does not affect any immunities from or defenses to civil liability established by another section of the Mississippi Code of 1972 or available at common law to which a possessor of real property may be entitled.

Chapter 7 Liability Exemption for Donors of Food

§ 95-7-1

For the purposes of this chapter, the following words shall have the following meanings:

(a) “Apparently wholesome food” shall mean food that is prepared or perishable or raw agricultural products which appear to be fit for human consumption at the time it is donated. Such food does not include canned goods that are leaking, swollen, dented on a seam, or no longer airtight.

(b) “Charitable or nonprofit organization” shall mean an incorporated or unincorporated organization that has been established and is operating for religious, charitable, or educational purposes and that does not distribute any of its income to its members, directors or officers.

(c) “Intentional misconduct” shall mean conduct that the person acting knows is harmful to the health or well-being of another person.

(d) “Donate” shall mean to give without requiring anything of monetary value from the donee.

(e) “Person” shall mean an individual, corporation, partnership, organization or association.

§ 95-7-3

Notwithstanding any other provisions of law, any person who makes a good faith donation to a charitable or nonprofit organization of apparently wholesome food, shall not be liable for damages in any civil action for any injury or death because of the condition of such food unless the injury or death is a direct result of the gross negligence, recklessness or intentional misconduct of the donor.

§ 95-7-5

Notwithstanding any other provisions of law, a charitable or nonprofit organization which in good faith receives and distributes, without charge, food which the organization reasonably determines to be apparently wholesome shall not be liable for damages in any civil action based on the doctrine of strict liability in tort for any injury or death because of the condition of such food.

§ 95-7-7

This chapter shall apply to all good faith donations of perishable food or raw agricultural products which are not readily marketable because of appearance, freshness, grade, surplus supply or other conditions.

§ 95-7-9

Any charitable or nonprofit organization distributing food pursuant to this chapter shall affix a label upon such food or upon the individual container or package of such food, or in the dining hall where such prepared foods are served, stating that the food is not for resale and stating that pursuant to state law this organization shall not be liable in any civil action based on strict liability in tort for any injury or death because of the condition of such food.

§ 95-7-11

It shall be unlawful for any person or charitable or nonprofit organization receiving food pursuant to this chapter to sell or offer to sell such donated food. Any person violating the provisions of this section shall upon conviction be guilty of a misdemeanor.

§ 95-7-13

The Commissioner of Agriculture and Commerce is hereby authorized to promulgate rules and regulations necessary to carry out the provisions of this chapter.

Chapter 9 Liability Exemption for Volunteers and Sports Officials

§ 95-9-1

(1) For the purposes of this section, unless the context otherwise requires:

(a) “Qualified volunteer” means any person who freely provides services, goods or the use of real or personal property or equipment, without any compensation or charge, to any volunteer agency in connection with a volunteer activity. For purposes of this chapter, reimbursement of actual expenses, including travel expenses, necessarily incurred in the discharge of a member's duties, insurance coverage and workers' compensation coverage of volunteers, shall not be considered monetary compensation.

(b) “Volunteer agency” means any department, institution, community volunteer organization or any nonprofit corporation designated 501(c)(3) by the United States Internal Revenue Service, except an agency established primarily for the recreational benefit of its stockholders or members. Volunteer agency shall also include any volunteer firefighter association which is eligible to be designated as a nonprofit corporation under 501(c)(3) by the United States Internal Revenue Service.

(c) “Volunteer activity” means any activity within the scope of any project, program or other activity regularly sponsored by a volunteer agency with the intent to effect a charitable purpose or other public benefit, including, but not limited to, fire protection, rescue services, the enhancement of the cultural, civic, religious, educational, scientific or economic resources of the community or equine activity as provided in Section 95-11-1 et seq.

(2) A qualified volunteer shall not be held vicariously liable for the negligence of another in connection with or as a consequence of his volunteer activities.

(3) A qualified volunteer who renders assistance to a participant in, or a recipient, consumer or user of the services or benefits of a volunteer activity shall not be liable for any civil damages for any personal injury or property damage caused to a person as a result of any acts or omissions committed in good faith except:

(a) Where the qualified volunteer engages in acts or omissions which are intentional, willful, wanton, reckless or grossly negligent; or

(b) Where the qualified volunteer negligently operates a motor vehicle, aircraft, boat or other powered mode of conveyance.

§ 95-9-3

(1) Sports officials who officiate athletic contests at any level of competition in this state shall not be liable to any person or entity in any civil action for injuries or damages claimed to have arisen by virtue of actions or inactions related in any manner to officiating duties within the confines of the athletic facility at which the athletic contest is played.

(2) For purposes of this section, sports officials are defined as those individuals who serve as referees, umpires, linesmen and those who serve in similar capacities but may be known by other titles and are duly registered or members of a local, state, regional or national organization which is engaged in part in providing education and training to sports officials.

(3) Nothing in this section shall be deemed to grant the protection set forth to sports officials who cause injury or damage to a person or entity by actions or inactions which are intentional, willful, wanton, reckless, malicious or grossly negligent.

(4) The provisions of this section shall apply only to actions the cause of which accrued on or after July 1, 1988.

§ 95-9-5

Nothing in this chapter shall be construed to limit the liability of a person acting outside the scope of the volunteer activity, or as limiting a person's right of recovery under provisions required to be contained in an automobile liability insurance policy or contract pursuant to Sections 83-11-101 through 83-11-111, Mississippi Code of 1972, and the liability of the owner or operator of an uninsured motor vehicle shall not be limited as provided in this chapter for purpose of recovery under such a provision.

Chapter 11 Liability Exemption for Equine and Livestock Activities

§ 95-11-1

The Legislature recognizes that persons who participate in livestock shows or equine activities may incur injuries as a result of the risks involved in such activities. The Legislature also finds that the state and its citizens derive numerous economic and personal benefits from such activities. The Legislature finds, determines and declares that this chapter is necessary for the immediate preservation of the public peace, health and safety. It is, therefore, the intent of the Legislature to encourage livestock shows and equine activities by limiting the civil liability of those involved in such activities.

§ 95-11-3

As used in this chapter, the following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:

(a) “Engages in livestock shows or equine activity” means riding, training, providing or assisting in providing medical treatment of, driving, or being a passenger upon an equine or other livestock, whether mounted or unmounted, or any person assisting a participant or show management. The term “engages in livestock shows or equine activity” does not include being a spectator at a livestock show or equine activity, except in cases where the spectator places himself in an unauthorized area and in immediate proximity to the livestock show or equine activity.

(b) “Equine” means a horse, pony, mule, donkey or hinny.

(c) “Livestock” means equines, cattle, swine, sheep and goats.

(d) “Livestock shows or equine activity” means:

(i) Livestock or equine shows, fairs, competitions, performances or parades that involve any or all breeds of livestock or equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and Western performance riding, endurance trail riding, western games and hunting;

(ii) Equine or livestock training or teaching activities, or both;

(iii) Boarding equines or livestock;

(iv) Riding, inspecting, or evaluating an equine or livestock belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or livestock or is permitting a perspective purchaser of the equine or livestock to ride, inspect or evaluate the equine or livestock;

(v) Rides, trips, hunts, or other equine or livestock activities of any type however informal or impromptu that are sponsored by an equine or livestock activity sponsor;

(vi) Placing or replacing horseshoes on an equine;

(vii) Examining or administering medical treatment to an equine or livestock by a veterinarian; and

(viii) Horse racing.

(e) “Equine or livestock activity sponsor” means an individual, group, club, partnership or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes or provides the facilities for an equine activity or livestock show, including, but not limited to, pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college sponsored classes, programs, and operators, instructors, and promoters of equine or livestock facilities, including, but not limited to, stables, clubhouses, pony ride strings, fairs and arenas at which the activity is held.

(f) “Equine or livestock professional” means a person engaged for compensation in:

(i) Instructing a participant or renting to a participant, an equine or livestock for the purpose of riding, driving or being a passenger upon the equine.

(ii) Renting equipment or tack to a participant.

(iii) Examining or administering medical treatment to an equine or livestock as a veterinarian.

(g) “Inherent risks of equine or livestock activities” means those dangers or conditions which are an integral part of equine or livestock activities, including, but not limited to:

(i) The propensity of an equine or livestock to behave in ways that may result in injury, harm or death to persons on or around them.

(ii) The unpredictability of an equine's or livestock's reaction to such things as sounds, sudden movement and unfamiliar objects, persons or other animals.

(iii) Certain hazards such as surface and subsurface conditions.

(iv) Collisions with other equines or livestock or objects.

(v) The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within his or her ability.

(h) “Participant” means any person, whether amateur or professional, who engages in an equine activity or livestock show, whether or not a fee is paid to participate in the equine activity or livestock show.

§ 95-11-5

(1) Except as provided in subsection (2) of this section, an equine or livestock activity sponsor, an equine or livestock professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities, horse racing or livestock shows and, except as provided in subsection (2) of this section, a participant's representative shall not make any claim against, or recover from an equine or livestock professional, or any other person for injury, loss, damage or death of the participant resulting from any of the inherent risks of equine activities, horse racing or livestock shows.

(2) Nothing in subsection (1) of this section shall prevent or limit the liability of an equine or livestock activity sponsor, an equine or livestock professional or any other person if the equine or livestock activity sponsor, equine or livestock professional or person:

(a)(i) Provided the equipment or tack and knew or should have known that the equipment or tack was faulty, and such equipment or tack was faulty to the extent that it did cause the injury.

(ii) Provided the equine or livestock and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity or livestock show and to safely manage the particular equine or livestock based on the participant's representations of his ability.

(b) Owns, leases, rents or otherwise is in lawful possession and control of the land or facilities for which warning signs have been conspicuously posted, as required by Section 95-11-7.

(c) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury.

(d) Intentionally injures the participant.

(3) Nothing in subsection (1) of this section shall prevent or limit the liability of an equine or livestock activity sponsor or an equine or livestock professional under liability provisions as set forth in products liability laws.

§ 95-11-7

(1) Every equine or livestock activity sponsor and every equine or livestock professional shall post and maintain signs which contain the warning notice specified in subsection (2) of this section. Such signs shall be placed in a clearly visible location on or near stables, corrals or arenas where the equine or livestock activity sponsor or the equine or livestock professional conducts equine activities, horse racing or livestock shows. The warning notice specified in subsection (2) of this section shall appear on the sign in black letters, with each letter to be a minimum of one (1) inch in height. Every written contract entered into by an equine or livestock professional or by an equine or livestock activity sponsor for the providing of professional services, instruction or the rental of equipment or tack, or an equine participant, livestock participant, whether or not the contract involves equine activities or livestock shows on or off the location or site of the equine or livestock activity sponsor's or the equine or livestock professional's business, shall contain in clearly readable print the warning notice specified in subsection (2) of this section.

(2) The signs and contracts described in subsection (1) of this section shall contain the following warning notice:

WARNING:

Under Mississippi law, an equine or livestock activity sponsor or an equine or livestock professional is not liable for an injury to or the death of a participant in equine activities, horse racing or livestock shows resulting from the inherent risks of equine activities, horse racing or livestock shows, pursuant to this chapter.

(3) Failure to comply with the requirements concerning warning signs and notices provided in this section shall prevent an equine or livestock activity sponsor or equine or livestock professional from invoking the privileges of immunity provided by this chapter.

Chapter 13 Liability Exemption for Noise Pollution by Sport-Shooting Ranges

§ 95-13-1

(1) As used in this section, unless the context otherwise requires:

(a) “Local unit of government” means a county, municipality or other entity of local government;

(b) “Person” means an individual, proprietorship, partnership, corporation, club, or other legal entity; and

(c) “Sport-shooting range” or “range” means an area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder or any other similar sport shooting which complies with the provisions of subsection (3) of this section.

(2)(a) Notwithstanding any other provision of law to the contrary, a person who operates or uses a sport-shooting range in this state is not subject to civil liability or criminal prosecution for noise or noise pollution resulting from the operation or use of the range if the range is in compliance with all noise control laws, resolutions, ordinances or regulations, issued by a local unit of government, that applied to the range and its operation at the time the range was constructed and began operation.

(b) A person who operates or uses a sport-shooting range is not subject to an action for nuisance, and a court of the state shall not enjoin the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with all noise control laws, resolutions, ordinances or regulations issued by a unit of local government that applied to the range and its operation at the time the range was constructed and began operation.

(c) A person who subsequently acquires title to or who owns real property adversely affected by the use of property with a permanently located and improved range shall not maintain a nuisance action against the person who owns the range to restrain, enjoin or impede the use of the range where there has not been a substantial change in the nature of the use of the range or by a person using the range.

(d) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of descried level which may occur in the outdoor atmosphere shall not apply to a sport-shooting range exempted from liability under this section.

(e) Notwithstanding any other provision of law to the contrary, nothing in this section shall be construed to limit civil liability except in the limited case of noise pollution.

(3)(a) In order to qualify for the limitation of liability afforded by this section, a sport-shooting range must be located wholly within a tract or parcel of land consisting of not less than three hundred twenty (320) contiguous acres. All persons owning property any part of which lies within one thousand (1,000) yards of any boundary of the sport-shooting range property shall have standing to appear and object to the location of the sport-shooting range at a hearing to be conducted by the Industrial Development Authority Board.

(b) The person seeking to operate the range and secure the limitation of liability afforded by this section shall bear the expense of the hearing and other costs associated therewith.

(c) Actual notice shall be afforded to all persons having standing to object if the identity and addresses of those persons can be determined by examining the property tax records of the county. Actual notice shall be made in writing mailed via first class mail, postage prepaid, not less than thirty (30) days prior to the date set for the hearing.

(d) Publication shall be made in a newspaper of general circulation in the county once a week for three (3) weeks, the first such publication to be made not less than thirty (30) days prior to the date of the hearing.

(e) Claims of persons who do not appear and object shall be barred as provided in this section.

(f) Notwithstanding any provision of this section to the contrary, the cause of action of any person owning property in the vicinity of the proposed range and having standing to object prior to the time of the hearing shall not be barred by the provisions of this section provided the property owner registers his complaint with the board at or before the hearing.

(4) The provisions of this section shall apply only in a county bordering the State of Tennessee wherein U.S. Highway 78 intersects State Highway 7 and in a county where U.S. Highway 61 and State Highway 4 intersect.

Chapter 15 Liability Exemption for Report of Suspicious Activity or Behavior

§ 95-15-1

(1) The School Safety Center within the State Department of Education shall develop and implement a statewide media campaign to prioritize and raise awareness for the “See Something, Say Something Act” established under this section, as well as the national campaign established by the United States Department of Homeland Security, as a measure to encourage good faith reporting of suspicious activity to law enforcement agencies. The media campaign shall inform the public of the protections provided by the law in addition to useful tools, resources, appropriate local law enforcement agencies and emergency services contact information, and partnering entities, including, the Mississippi Office of Homeland Security, the Mississippi Department of Public Safety and the Mississippi Department of Mental Health. In addition to the media campaign, the School Safety Center shall also make this information available on the Internet website of the State Department of Education.

(2) A person who in good faith makes a report of suspicious activity or behavior shall be immune from civil and criminal liability for the making of the report if the report is based on objectively reasonable suspicion.

(3) For purposes of this section, “report of suspicious activity or behavior” means any communication to a law enforcement officer or agency or other appropriate authority of the behavior or activity of another person if the report is made with the reasonable belief that the behavior or activity constitutes or is in furtherance of an act of terrorism.

(4) This section does not apply to the intentional making of a report known to be false, including a violation of Section 97-35-47, or to a report made with reckless disregard for the truth of the report.