Wisconsin Slip & Fall
Accidents Lawyers

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 seriously hurt.

Yet there are more serious cases where a falling accident should not have happened in the first place. 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.

At Fitzpatrick, Skemp & Butler, LLC, we represent Wisconsin slip and fall accident victims seeking compensation. We know that a falling accident can lead to significant 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.

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 premises liability law, we are talking about negligence on the part of the person or entity that owns the property where the accident occurred.

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 period of 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.

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 near an area that has been recently cleaned.
• Failing to keep entrances and exits to the property free of snow and ice.
• Failing to install or maintain proper handrails on staircases.
• Failing to repair uneven flooring, such as a torn piece of carpeting.
• Failing to maintain proper lighting in low-visibility areas, such as parking lots and stairways; and
• Failing to secure heavy merchandise properly on shelving units or other in-store displays.

One thing to note is that in a personal injury case, you do not necessarily have to prove that the owner knew about the hazard before your accident. It is also possible to prove negligence through “constructive” notice. This means that if the dangerous condition that caused your slip and fall was present long enough, it should have given the owner reasonable time to notice the problem and take corrective action.

Indeed, many Wisconsin slip-and-fall cases turn on whether an establishment followed its internal procedures for inspecting its property. If someone owns a grocery store, for instance, they should direct their managers to regularly walk down the aisles to make sure there are no spills or loose merchandise that might cause someone to fall.

What Should You Do Following a Slip and Fall Accident?

Anytime you are involved in an accident, it is critical to seek immediate medical attention. Even if you can stand up and walk following a slip and fall, you may still have sustained critical 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 falling accident.

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 a 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.

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 to help make your case. Along similar lines, if anyone witnessed your fall or saw the same hazardous condition, take down their name and contact information for future reference.

Finally, if you have sustained any serious injuries in a slip and fall, you should contact a qualified attorney as soon as you can. Do not assume that the property owner or their insurance company will “make things right” on their own. While an insurer may offer you a quick settlement in exchange for waiving your right to sue, you should never agree to anything or sign any document without first speaking to a lawyer who can give you independent legal advice.

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 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.

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.  If you expect to have additional medical or rehabilitation costs in the future, your economic damages can reflect an estimate of those expenditures.
• 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.

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 they 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.

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 the result of a sudden and unexpected fall. So, we take every slip and fall case seriously.Wisconsin law imposes a three-year deadline to take legal action following a slip and fall. But we know from experience that it takes a significant amount of time to investigate these cases and negotiate a settlement with a property owner and their insurance company. So it is important not to delay seeking legal advice from a qualified Wisconsin slip and fall accident attorney. Contact us today to schedule a free, no-obligation consultation. We have offices in La Crosse, Onalaska, and Eau Claire, to better serve you.