A slip and fall accident can happen in an instant, but the consequences can last a lifetime. A simple trip to the grocery store, a walk through a parking lot, or a visit to a friend’s house can turn into a nightmare of medical bills, lost wages, and chronic pain. In Wisconsin, property owners have a legal responsibility to maintain a safe environment for visitors. When they fail to do so, and you are injured as a result, you have the right to seek compensation.
This blog post will guide you through the essential steps to take after a slip and fall accident in Wisconsin, explain the legal principles of premises liability, and discuss how an experienced personal injury attorney can help you protect your rights.
Understanding Premises Liability in Wisconsin
Premises liability is the area of law that holds property owners and occupiers responsible for injuries that occur on their property. In Wisconsin, this responsibility is defined by the state’s “Safe Place Statute” and principles of common law negligence. The level of care a property owner owes you depends on whether you are classified as a trespasser, licensee, or invitee.
- Invitees: These are individuals invited onto a property for the financial benefit of the owner, such as customers in a store or patrons in a restaurant. Property owners owe the highest duty of care to invitees, which includes regularly inspecting the property for hazards, repairing them in a timely manner, and warning visitors of any known dangers.
- Licensees: These are social guests who are on the property with the owner’s permission but not for a commercial purpose. The owner has a duty to warn licensees of any known dangers that they are unlikely to discover on their own.
- Trespassers: These are individuals who are on the property without permission. Property owners generally do not owe a duty of care to trespassers, except to refrain from willfully or intentionally injuring them.
Common Causes of Slip and Fall Accidents
Slip and fall accidents can be caused by a wide variety of hazards, including:
- Wet or slippery floors
- Icy or snowy sidewalks and parking lots
- Uneven or cracked pavement
- Poorly lit stairwells or hallways
- Loose or torn carpeting
- Cluttered walkways
- Defective handrails
What to Do Immediately After a Slip and Fall Accident
Your actions in the moments following a slip and fall accident are crucial for both your health and your potential legal claim. Here are the steps you should take:
- Seek Medical Attention: Your health is the top priority. Even if you feel fine, some injuries may not be immediately apparent. Adrenaline can mask pain, and a medical evaluation will create an official record of your injuries.
- Report the Accident: Notify the property owner, manager, or landlord about the accident as soon as possible. Ask for a copy of the accident report and the names of any employees you speak with.
- Document the Scene: If you are able, use your smartphone to take pictures and videos of the accident scene. Be sure to capture the specific hazard that caused you to fall, as well as the surrounding area. Note the time of day and the weather conditions.
- Get Witness Information: If anyone witnessed your fall, get their names and contact information. Their testimony can be invaluable in proving your case.
- Preserve Your Clothing and Shoes: The clothing and shoes you were wearing at the time of the accident can be important evidence. Store them in a safe place and do not wash them.
- Keep a Journal: In the days and weeks following the accident, keep a detailed journal of your pain and suffering, medical appointments, and any activities you are unable to do because of your injuries.
Proving Negligence in a Slip and Fall Case
To win a slip and fall case in Wisconsin, you must prove that the property owner was negligent. This means you must show that:
- A dangerous condition existed on the property.
- The property owner knew or should have known about the dangerous condition.
- The property owner failed to take reasonable steps to repair the condition or warn visitors of the danger.
- The dangerous condition caused your injuries.
Proving that the property owner “knew or should have known” about the hazard is often the most challenging part of a slip and fall case. An experienced attorney can help you gather evidence, such as maintenance records, surveillance footage, and employee testimony, to build a strong case.
Statute of Limitations for Slip and Fall Cases in Wisconsin
In Wisconsin, you generally have three years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations. If you fail to file your lawsuit within this time frame, you will likely lose your right to seek compensation.
How a Personal Injury Attorney Can Help
Navigating the complexities of a slip and fall claim can be overwhelming, especially when you are trying to recover from your injuries. The experienced personal injury attorneys at Fitzpatrick, Skemp & Butler, LLC can help you by:
- Investigating your accident to determine who is at fault
- Gathering evidence to build a strong case
- Negotiating with insurance companies on your behalf
- Fighting for you in court if a fair settlement cannot be reached
If you have been injured in a slip and fall accident in Wisconsin, don’t wait to get the legal help you need. Contact us today for a free consultation. We work on a contingency fee basis, which means you don’t pay us anything unless we win your case.