Wisconsin Premises Liability Lawyers

Negligence describes a party’s failure to exercise the appropriate and/or ethical care expected to be exercised in a specific circumstance. The three elements for a cause of action for negligence include:

• The defendant owed a legal duty to the plaintiff
• The defendant breached that duty
• The defendant’s breach of duty caused injury to the plaintiff

Premises liability law governs situations in which individuals are injured by an unsafe or defective condition on someone’s property. Premises liability is a form of negligence, as the property owner has failed to follow the correct protocol to ensure his or her property is safe.

Just because you were hurt on someone else’s property, it doesn’t necessarily mean that you have a valid premises liability claim. The owners or occupiers of private or commercial properties have a legal duty to maintain the property and ensure that people – whether customers, shoppers, tenants, or other valid visitors – are protected from unreasonable risk of injury. Visitors should not suffer harm because of a dangerous condition that is not rectified in a timely manner or because of a design or construction defect.

Premises liability claims can be very complex and require the knowledge of an experienced attorney. If you believe – or even suspect – that you may have a valid claim, you should contact a lawyer immediately to discuss your case. Your initial consultation should be free of cost and obligation, so you risk nothing. A lawyer will listen to your side of the story, assess the merits of your case, and explain your rights and legal options.

If you fell in a shop, retail store, or other property, it’s important to take steps to protect your health and legal rights. Your first priority should be your health, so seek medical attention immediately. This will not only improve your chances for recovery, but will document your injury. If possible, take pictures of the accident scene to document conditions such as a wet floor, crumbling concrete, or inadequate lighting. Obtain the contact information of any witnesses who may be able to testify about your fall and the conditions that caused it. Inform the property owner of your injury.

Once you have taken these steps, contact a premises liability attorney to discuss your case for free. Do not make a statement to any insurance company until you have spoken with a lawyer. An attorney will ensure that you don’t make a statement or error that could hurt your claim or limit the amount of damages to which you are entitled. A lawyer will negotiate with the insurance company for a fair settlement on your behalf and represent you in court if a just outcome cannot be negotiated.

Like other premises liability cases, slip and fall accidents are subject to a defined amount of time to take legal action, known as a statute of limitations. Under Wisconsin law, most slip and fall victims have three years from the time of their injury to file a claim. That time is shortened for slip and fall accidents that occur on government property, for which accident victims have only 120 days to submit notice of an intent to sue.

However, slip and fall victims who are under the age of 18 at the time of the accident, and whose parents or guardians failed to file a lawsuit on their behalf, normally have two years after their 18th birthday to take legal action so long as it does not extend the statute of limitations beyond five years.

Because no two slip and fall accidents are exactly the same, the severity and impact of fall-related injuries vary from person to person. While the value of premises liability claims differ widely, the potential damages victims can seek in a personal injury claim can involve similar elements, such as:

• Past and future medical expenses
• Lost income if you have been unable to return to work
• Loss of future earning capacity if you can never return to the same line of work
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

While economic damages (such as medical bills and lost wages) have specific dollar values, non-economic damages involve the emotional and psychological losses you incur. As such, non-economic damages are harder to assess without the skill and guidance of an experienced attorney.

In addition to the types of damages available, other factors can affect your potential settlement, such as:

• The level of duty of care the property owner owed you
• The severity of your injuries
• Whether you were at fault for the accident in any way
• The amount of insurance the liable party carries
• Your age and overall health, particularly when calculating lost income and loss of future earning capacity

Your own level of patience can also affect the settlement you receive. Many slip and fall victims are eager to accept whatever settlement an insurance company offers to cover their short-term losses. An attorney will look out for your best interest and pursue compensation that reflects the full value of your current and future damages.

It is in your best interest to speak to a lawyer as soon as possible after any premises liability accident that causes you serious injury or results in the death of a loved one. Slip and fall accidents are no exception.

The property owner or manager may be clearly at fault for the accident. However, this will not stop the insurance company from aggressively disputing your claim.

The slip and fall lawyers at Studinski Law, LLC are committed to holding negligent property owners and insurance companies accountable for acts of wrongdoing and negligence. By handling every aspect of your case, our lawyers can:

• Investigate the slip and fall to determine its cause and who is responsible
• Gather evidence such as witness statements, surveillance camera footage (if available), etc.
• Evaluate the severity of your injuries and the impact they have on your life; we will examine your medical records and consult with your doctors and other experts to understand the long-term impact of your injury.
• Determine the value of your slip and fall claim
• Handle all communications with the insurance company on your behalf
• Negotiate a fair settlement of your claim
• File a lawsuit (if necessary)
• Prepare and present your case at trial