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Wisconsin Slip and Fall & Safe Place Laws

Property owners have the responsibility to maintain a safe environment on their properties. This is to reduce the chance of a visitor being injured in an accident, particularly a slip-and-fall accident, on the property. When an accident does occur because a property owner failed to remove a hazardous condition from his or her property, the victim may seek compensation for his or her damages through a premises liability claim with the help of a personal injury lawyer.

With nearly 80 years of combined experience, the attorneys of Hammett, Bellin & Oswald, LLC, serve clients in Neenah as well as Door County. Our attorneys will work with you after a fall to hold negligent property owners responsible and get the compensation you deserve. We will work with you to create a personalized legal strategy for you and fight for your rights as you recover. Contact us today for a no-cost consultation.

Injuries That Can Result From A Fall

There are many ways you can be injured in a slip-and-fall accident. These injuries include:

Broken bones
Sprains and strains
Traumatic brain injuries
Cuts
Soft tissue injuries

If you slip or fall, regardless of where the incident occurs, seek medical attention in a timely manner. Even if you do not feel like you suffered an injury, you could have been injured in a way that will become much more severe and require much more extensive treatment if it is left undiagnosed for a prolonged period of time.

Understanding Premises Liability By Visitor Type

Property owners have moral and legal duties to ensure that their premises are safe from hazards that can potentially endanger or injure visitors. This responsibility is referred to as “premises liability.” This principle holds property owners liable for any accident that may occur on their property.

However, it is important to note that the property owners’ owed duty of care will vary depending on each visitor’s legal classification, namely:

Invitees: Visitors who enter with the owner’s permission deserve the highest duty of care. These include hotel guests, resort vacationers or store customers.
Licensees: Visitors who enter a property for their own purpose but with the owner’s consent receive a slightly lower duty of care. This means that while the owner is not required to inspect their property for hazards, they must still warn licensees of the known hazards in their premises.
Trespassers: Visitors who enter a property without the owner’s consent or permission generally receive no duty of care. However, property owners cannot set traps on their premises to intentionally harm or injure the said trespassers.

Property owners also have special responsibilities toward children. The “attractive nuisance doctrine” requires owners to take reasonable steps to protect children who might enter their property without permission.

Comparative Negligence In Wisconsin For Slip-And-Fall Cases

In Wisconsin, any party who suffers injuries in an accident can seek compensation even if they were partly at fault. However, if courts find them 51% or more responsible, they will no longer be able to file a claim for their damages.

For example, if you slipped on hotel stairs while looking at your phone, you share responsibility for your fall. Since you were partly to blame for the accident, the court will reduce your personal injury claim’s compensation amount accordingly.

Common Causes Of Slip-And-Fall Accidents

Any person can experience a slipping or tripping accident. From residential spaces and business establishments to private backyards and public sidewalks, these unfortunate accidents can arise due to the existence of safety hazards. Four common causes of slip-and-fall accidents include:

Wet or slippery floors: Any area with a wet, oily or greasy surface has the potential to cause slipping and falling accidents. Whether due to wet spills, muddy shoes, unmopped floors or rainwater roof leakages, property owners must address these types of hazards promptly.
Poor lighting: Indoor and outdoor areas with poorly maintained or inadequate lighting systems create tripping hazards. Property owners must provide their visitors with proper lighting to help ensure their safety at all times.
Uneven surfaces: When a person walks on an uneven pathway, old flooring or broken tiles, they can trip, fall and get hurt as a result. Since these hazards typically arise due to improper maintenance, property owners must fix these areas or place warning signs to inform their visitors about them.
Stairs and handrail defects: When an establishment operates with loose handrails, missing steps or broken staircases, they risk their visitors getting into serious slipping and falling accidents. To help ensure that their premises are safe to use, property owners must regularly inspect and maintain these areas.

It is important to remember that accidents can arise from not just one but several defining factors. If there is proof that the property owner has breached their duty of care and someone suffers injuries due to their negligence, the law may hold them liable for damages.

Who Is Liable For Your Damages After A Slip Or Fall?

When an injury occurs on private property, whether it is a commercial property like a store, an entertainment venue or a private home, the property’s owner is liable for the victim’s damages if the victim can demonstrate that the injury occurred because of the property owner’s negligence. When a hazardous condition cannot be removed or repaired immediately, a property owner should post clear, legible warnings around the hazard to alert visitors to take extra care to prevent accidents.

Examples of negligence that can result in a property owner being found liable for a victim’s damages include:

Failing to clean up a wet spill
Failing to remove frayed wires or fire hazards
Failing to repair a broken staircase, handrail or walkway
Failing to secure carpets, wires and other objects on the floor
Failing to adequately warn victims of potential hazards on the property, such as deep holes in the ground

Generally, trespassers cannot seek compensation for their slip-and-fall damages, but this is not always the case. A property owner may be liable for a trespassing child’s damages or damages suffered by adult victims if the property owner knew that trespassers frequently entered the property.

Statute Of Limitations For Slip-And-Fall Claims In Wisconsin

In Wisconsin, the statute of limitations for slip-and-fall claims is three years from the date of the incident. This means you must file your claim within this time frame or you risk losing the opportunity to seek compensation. Missing the deadline can prevent you from recovering damages, regardless of the severity of your injuries or the clarity of the property owner’s liability.

Additionally, delaying could lead to fading memories, loss of critical documents or altered conditions at the accident site, making it harder to prove negligence. Our attorneys can help ensure all legal requirements are met, allowing you to focus on recovery while your case proceeds within the required timeline.

Impact Of Weather Conditions On Slip-And-Fall Cases

Weather in Wisconsin has snow, ice and rain, which are common hazards. Property owners are responsible for maintaining safe conditions and addressing weather-related risks. However, liability may depend on factors such as the timing of the weather event and the property owner’s response.

For example, property owners are expected to clear sidewalks and entryways reasonably soon after snowfall or freezing rain. Failure to do so may result in liability if someone slips and falls. On the other hand, if a fall occurs during an ongoing snowstorm, liability might be less clear.

Adverse weather does not absolve property owners from their duty to ensure safety. Regular inspections, salting or sanding icy areas, and posting warning signs can help mitigate risks. If you have been injured in a weather-related slip-and-fall, document the conditions during the accident and gather witness statements to strengthen your claim.

Compensation You May Be Entitled To Receive After A Slip And Fall

Victims of slip-and-fall accidents in Wisconsin may be eligible for various types of compensation. These may include:

● Medical expenses: Coverage for emergency room visits, surgeries, physical therapy and future medical care related to your injuries.
● Pain and suffering: Compensation for physical pain, emotional distress and loss of enjoyment of life caused by the accident.
● Lost wages: Recovery for income lost during your recovery period and potential future earnings if your injuries result in long-term disability.

Every case is unique, so consulting with a slip-and-fall accident attorney can help you understand the full scope of compensation based on your slip-and-fall incident’s circumstances.

Consult With A Wisconsin Slip-And-Fall Lawyer Today

Were you injured in a slipping or tripping accident and are looking for ways to seek financial assistance? Whether you are facing costly medical bills or struggling with loss of wages, our team can review the facts of your accident and work on a strategy that can help you claim fair compensation for your damages.

To start your legal journey today, send us an online contact form or call us at 920-202-8872.