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 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 fall 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.
Our slip and fall attorneys are ready to fight for the full and fair compensation you deserve. Fall accidents happen every day in Wisconsin, often because property owners ignored a known hazard. If you suffered a slip and fall injury because of someone else’s negligence, you have legal 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 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 a 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.
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.
Negligent property owners who ignore these conditions put everyone at risk. When a fall accident occurs because a property owner failed to fix a known problem, that owner can be held liable for the injuries sustained by the person who fell.
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 fall 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 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.
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.
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. 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 requirements. 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.
Frequently Asked Questions About Slip and Fall Accidents in Wisconsin
How long do I have to file a slip and fall claim in Wisconsin?
Wisconsin law imposes a three-year deadline to take legal action following a slip and fall. However, claims against government entities may have much shorter deadlines, sometimes as little as 120 days to file a formal notice. Do not wait to speak with a personal injury attorney. The sooner you reach out, the more time your legal team has to gather evidence and build a strong case.
What is premises liability law?
Premises liability law is the area of law that holds property owners responsible when someone is hurt on their property due to an unsafe condition. In Wisconsin, premises liability law covers slip and fall accidents, trip and fall accidents, and other injuries that result from a property owner’s failure to maintain safe conditions. A successful slip and fall claim under premises liability law requires showing that the property owner knew or should have known about the hazard.
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. This includes photos of the accident scene, an incident report, witness statements, medical records showing your fall injuries, and any other documentation that supports your version of events. An experienced lawyer can help you gather evidence and build the strongest possible case.
What if I was partly at fault for my slip and fall?
Wisconsin’s comparative negligence rule means you can still recover compensation even if you were partly at fault, as long as you were not more than 50 percent responsible. Your compensation will be reduced by your percentage of fault, but you are not automatically barred from recovering anything. Insurance companies and property owners often try to exaggerate the injured party’s share of blame to reduce what they have to pay. A fall accident attorney can counter those arguments on your behalf.
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, parking lot, or entrance within a reasonable time after a storm, they may be held liable for any fall injuries that result. These cases depend on the specific facts, including how long the hazard had been present and whether the property owner made any effort 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 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 significant time to investigate these cases and negotiate a settlement with a property owner and their insurance company. Do not delay seeking legal advice from a qualified Wisconsin slip and fall accident attorney.
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 the physical and emotional aftermath of a serious fall.
Contact us today to schedule a free consultation. Our experienced personal injury lawyer 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. Our law firm also handles other personal injury cases, including medical malpractice and car accident claims, but slip and fall victims will always receive the same dedicated attention we bring to every case. Contact us for a free consultation today.