Wisconsin Slip and Fall Lawyer
There are few things more embarrassing than taking a sudden fall. Most of the time, such falls are one of those things where no one is hurt. Yet there are more serious cases where a falling accident should not have happened in the first place. Nationwide, fall accidents cause over 8.8 million severe injuries every single year.
These slips and falls or trips and falls were the direct result of a hazardous condition that was known to the property owner but not to the person who fell. In these situations, the property owner may be responsible under Wisconsin law for the falling victim’s out-of-pocket and other losses. If you were hurt on someone’s property, an experienced Wisconsin slip and fall lawyer can help you pursue financial recovery.
At Fitzpatrick, Skemp & Butler, LLC, we represent Wisconsin slip and fall accident victims seeking compensation. We know that a fall accident can lead to severe injuries, not to mention substantial medical bills, and that you should not have to shoulder this burden on your own. If someone else is legally liable for your accident, we will help make sure they pay what you are entitled to under the law. Our team offers a free case evaluation to discuss your claim and guide you through your options.
How Slip and Fall Accidents Arise from Negligence
There are, of course, an infinite number of things that may cause a person to slip and fall to the ground. Not all these causes implicate negligence. When we speak of slip and fall accidents in the context of Wisconsin personal injury claims, we are talking about negligence on the part of the person or entity that owns the property where the accident occurred. A property owner’s negligence often leaves dangerous hazards unchecked on their premises.
One of the most common examples is spilled liquid on the floor of a retail establishment. For example, if someone spilled water on the ground and the retailer’s staff failed to notice the problem for a long time. At that point, a customer is walking down the aisle, slips on the water, falls to the ground, and dislocates their hip. Under this set of facts, the customer would have a compelling case for demonstrating the store’s management was negligent in failing to identify and clean up the spill beforehand. A skilled premises liability attorney can examine the evidence to establish liability against the responsible party.
Some other common examples where a property owner’s negligence can lead to a serious slip and fall accident include failing to display a wet floor sign or neglecting wet floors in restaurants. Property owners may also fail to keep entrances free of snow, fail to maintain handrails, fail to repair broken pavement, or leave poor lighting in stairways. A property management company must maintain safe premises so that visitors do not lose balance and suffer harm. You can consult multiple slip and fall injury lawyers to make sure you select the right legal representation for your needs.
Common Causes of Slip and Fall Accidents in Wisconsin
Slip and fall injuries can happen almost anywhere. Stores, restaurants, apartment buildings, parking lots, sidewalks, and even government property can all be the site of a serious fall accident. Understanding what caused your fall is one of the first steps in building a strong slip and fall claim.
Some of the most frequent causes of slip and fall accidents include:
- Wet or slippery surfaces from spills, freshly mopped floors, or rain and snow tracked indoors
- Poor lighting in stairways, parking lots, hallways, or entryways
- Uneven surfaces such as cracked sidewalks, broken pavement, or raised floor tiles
- Poorly maintained flooring including torn carpeting, loose rugs, or warped hardwood
- Winter weather hazards like ice and snow left uncleared on walkways and steps
- Missing or broken handrails on stairs and ramps
- Warning signs that were missing or placed too late to alert people of a hazard
Poor lighting and uneven surfaces are two of the most preventable causes of slip and fall accidents, yet property owners routinely fail to fix them. For older adults, these hazards are especially dangerous because falls are the leading cause of injury-related death for seniors, with over 14 million adults aged 65 and older reporting falls each year. Negligent property owners who ignore these conditions put everyone at risk. If you suffered injuries where the injury occurred due to neglect, our fall lawyers can help you seek compensation.
What Should You Do Following a Slip and Fall Accident?
Anytime you are involved in an accident, you should seek medical attention immediately. Even if you can stand up and walk following a slip and fall, you may still have sustained severe injuries that are not immediately apparent. For example, if you hit your head against the floor, there is the possibility you suffered a mild traumatic brain injury (i.e., a concussion). It is therefore always a good idea to go to the emergency room or see your regular doctor as soon as possible following a fall accident. Medical records provide key evidence linking your physical pain and medical treatment directly to the slip and fall incident.
It is also a good idea to inform the ownership or management of the establishment where your accident occurred about what happened and ask them to file an incident report. Slip and fall accidents in commercial buildings are often covered by insurance policies, and the insurance company will need to see a formal report from the management about your accident. Be sure to document the accident scene right away by taking clear photos of the hazard, your physical injuries, and any property damage.
If you or someone with you can do so, it is also important to take pictures of the slip and fall location with a smartphone. You should document as much as you can about what happened. While some retail establishments have video surveillance footage of public areas, you cannot rely on such evidence alone to help make your case. Obtaining security camera footage and collecting witness statements can be key evidence to substantiate your slip and fall claim. You should avoid giving recorded statements to insurance companies without guidance from a personal injury attorney.
Steps to Take After a Slip and Fall to Protect Your Claim
Taking the right steps after a fall accident can make or break your case. Here is a simple checklist to follow:
- Seek medical attention immediately, even if your injuries seem minor
- Report the fall to the property owner or manager and ask for a written incident report
- Take photos of the accident scene, including the hazard that caused your fall
- Gather evidence such as witness statements and the names of anyone nearby
- Keep all medical records and receipts related to your treatment
- Do not post anything about the accident on social media
- Contact a fall accident attorney before speaking with any insurance company
Solid evidence gathered right after a fall accident is one of the most important tools your slip and fall lawyer will have. The sooner you act, the better your chances of preserving proof needed to hold negligent property owners accountable.
Types of Slip and Fall Injuries
Serious falls can cause a wide range of injuries, some of which may not be obvious right away. Common slip and fall injuries include:
- Broken bones, especially in the wrist, hip, and ankle
- Traumatic brain injuries and concussions
- Spinal cord injuries that can cause lasting nerve damage
- Soft tissue injuries to muscles and ligaments
- Neck and back injuries
- Knee injuries and torn cartilage
- Cuts, bruises, and lacerations
Spinal cord injuries and traumatic brain injuries are among the most serious fall injuries a person can suffer. These injuries often require long-term care, physical therapy, and ongoing medical expenses. Work with an experienced personal injury lawyer who understands the full scope of your losses.
Wisconsin’s Comparative Negligence Rule Can Affect Your Right to Compensation After a Slip and Fall Accident
Another reason you should never trust a property owner or insurance company is that they will often look to shift responsibility for a slip and fall accident onto the victim. This is often a legal strategy. Wisconsin follows a “modified comparative negligence” rule in personal injury cases. That may sound like a complicated legal term, but the underlying principles are quite easy to explain.
When a personal injury case is presented to a judge or jury, the factfinder must determine the fault of all the parties involved. This includes the plaintiff, i.e., the person who filed the personal injury lawsuit. The fault is apportioned as a percentage. For example, a jury might determine that someone who was injured in a slip and fall accident at a restaurant was 30 percent liable, while the restaurant itself was 70 percent liable.
A defendant’s share of the victim’s damages, their total losses arising from the accident, is apportioned according to their fault. So, in the above example, the negligent restaurant would have to pay just 70 percent of the plaintiff’s damages. But Wisconsin law only allows a plaintiff to recover damages if they were not mostly at fault, i.e., their comparative negligence was not more than 50 percent.
Property owners and their insurers know how the comparative negligence rule works, and they will try to use it against you. They may argue that you were not paying attention, were wearing the wrong shoes, or ignored warning signs. An experienced slip and fall lawyer can push back against these tactics and fight for fair compensation.
Determining Your Compensation for a Slip and Fall Accident in Wisconsin
Compensation in slip and fall cases is divided into economic and non-economic damages. Here is how the two differ:
- Economic damages are any out-of-pocket loss that can be readily quantified in terms of dollars. Your medical bills are often the largest component of economic damages. If you were forced to miss time from work while recovering from your slip and fall, you can also seek any lost wages as part of your economic damages. Lost wages and medical expenses can add up fast after a serious fall, and our law firm works to make sure every dollar is counted. If you expect additional medical expenses for rehabilitation or future care, those costs can be included.
- Non-economic damages cover losses that are quite real and apparent but can never be truly measured in purely economic terms. Non-economic damages thus cover intangible losses such as your pain and suffering, emotional distress, and loss of enjoyment of life due to your slip and fall accident. Emotional distress from a serious fall can affect your sleep, your relationships, and your ability to work, and it deserves compensation.
In some cases, a Wisconsin court may also award punitive damages, which are meant to punish defendants who “acted maliciously toward the plaintiff or in an intentional disregard of the rights of the plaintiff.” Such damage is rare in slip and fall cases, but it may be an option depending on the facts of your case. It should be noted that Wisconsin limits punitive damages to the greater of $200,000 or twice the amount of compensatory (economic plus non-economic) damages awarded in a case.
Our fall attorneys work hard to identify every loss you have suffered so we can pursue maximum compensation on your behalf. That includes both the bills you have already received and the costs you may face months or years down the road.
Who Can Be Held Liable for a Slip and Fall in Wisconsin?
When a fall accident occurs on someone’s property, figuring out who is responsible is not always simple. Multiple parties can sometimes be held liable depending on where the accident happened. Potentially liable parties in slip and fall cases include:
- Retail store and restaurant owners
- Landlords and apartment building owners
- Office building and commercial property managers
- Government entities responsible for public sidewalks or roads
- Homeowners who failed to maintain safe conditions for guests
Property owners owed a legal duty to keep their premises reasonably safe. When that legal duty is ignored, and a fall accident occurs, the injured party has the right to seek compensation. A property owner failed in that duty if they knew or should have known about a hazard and did nothing to fix it or warn visitors.
Slip and Fall Claims on Government Property
Falls that happen on government property come with extra rules and strict notice requirements. If you slipped on an icy public sidewalk, fell in a government building, or were hurt on a poorly maintained public road or trail, you may have a claim against a local or state agency. These claims have shorter deadlines and stricter notice rules than standard claims against private businesses. Formal notice may be required within 120 days for accidents on government property in Wisconsin.
Missing this short deadline can result in losing your right to pursue damages permanently. Government claims require quick legal action to make sure all statutory conditions are met. Understanding Wisconsin’s laws about negligence is important when pursuing a slip and fall case against a public entity.
Contact a slip and fall attorney right away if your fall accident occurred on government property so you do not lose your right to file. An attorney will make sure your notice is filed correctly and on time with the appropriate government agency. Our law firm will guide you through each step of this complex process so your rights stay protected.
Frequently Asked Questions About Slip and Fall Accidents in Wisconsin
How long do I have to file a slip and fall claim in Wisconsin?
In Wisconsin, the general statute of limitations for personal injury lawsuits is three years. You have three years to file a slip and fall claim in Wisconsin under Wisconsin Statute § 893.54. Missing the three-year deadline typically results in case dismissal, so you should consult an attorney as soon as possible.
What is premises liability law?
Slip and fall claims are categorized under premises liability in Wisconsin. Premises liability law holds property owners responsible when someone is hurt on their property due to an unsafe condition. Wisconsin law requires property owners to address known hazards and maintain safe premises for visitors.
How do I prove a slip and fall case?
To win a slip and fall case, you generally need to show three things: the property owner owed you a legal duty of care, the property owner failed to meet that duty, and you were injured as a result. Solid evidence is key, including photos of the accident scene, an incident report, witness statements, medical records showing your fall injuries, and any other documentation. It may be beneficial to consult multiple attorneys about a slip and fall case to ensure you build the strongest possible claim.
What if I was partly at fault for my slip and fall?
Wisconsin follows a modified comparative negligence rule for slip and fall cases. You can recover damages if you are less than 51% at fault for your fall, but your recovery is reduced by your fault percentage. Insurance companies often try to exaggerate your fault, but a fall accident attorney can fight back to protect your compensation.
Can I file a slip and fall lawsuit if I slipped on ice or snow?
Yes, winter weather does not automatically excuse property owners from keeping their property safe. If a negligent property owner failed to clear ice and snow from a walkway within a reasonable time, they may be held liable for resulting fall injuries. These cases depend on how long the hazard existed and whether the owner made reasonable efforts to address it.
We Will Not Charge Any Fees Unless We Win for You
At Fitzpatrick, Skemp & Butler, LLC, we know that a slip and fall accident is not a minor event. Many of our clients have sustained broken bones, neck injuries, and even spinal cord damage as a result of a sudden fall. So we take every slip and fall case seriously.
Attorneys often work on a contingency fee basis in personal injury cases. Our personal injury team handles all slip and fall cases on a contingency fee basis, which means no upfront costs and no fees unless we win. Accident victims should not have to worry about legal bills while dealing with physical pain and lost income.
Contact us today to schedule a free consultation. An experienced attorney from our personal injury team will review your case at no cost and explain your legal options clearly. We have offices in La Crosse, Onalaska, and Eau Claire to better serve you, so contact us for a free consultation today.