According to a report released by the Bureau of Labor Statistics, slips and falls were the second most common cause of work-related fatalities in the U.S. in 2021. It also showed that workers in the construction industry were more prone to experiencing slips and falls due to the nature of their job. Still, these accidents can happen anywhere and at any given time.
In Wisconsin, due to its icy weather conditions, ice and snow removal should be a priority for property owners during the winter to avoid accidents. Wisconsin slip and fall laws may hold them liable if an incident happens on their premises due to their negligence in keeping a hazard-free environment.
If you are a slip and fall victim, whether caused by icy weather conditions or another factor, it can be complicated and challenging to obtain compensation for damages. Having a slip and fall lawyer can help you navigate the complex aspects of the law and build a strong case. Knowing relevant information is also important.
In this article, you can explore various aspects of slip and fall accidents in Wisconsin, such as the responsibilities of a property owner, how to prove negligence, ways of obtaining compensation, and the statute of limitations.
In Wisconsin, a slip and fall is defined as an accident on private or public property that causes injuries to others due to an area’s dangerous conditions. A property owner can be liable for slip and fall injuries if the victim can prove that they have been negligent in keeping the area safe.
Slip and fall accidents are categorized under the umbrella of premises liability, which falls under personal injury law. For premises liability cases, the injured party should prove the at-fault party’s negligence as well as the following:
There was a hazardous condition.
The owner knew or should have known about it.
The property’s condition caused their injury.
Slip and fall accidents are unexpected events but are very common. Some of their usual causes are:
Puddles of water or icy walkways.
Snow on the sidewalk.
Inadequate lighting.
Uneven surfaces.
Ripped or loose rugs and carpets.
Broken staircases and handrails.
Debris or trash on the floor.
Some people who experience a slip and fall are lucky to get out of the situation with only minor scratches and bruises. However, there are others who end up suffering from moderate to severe injuries, such as bone fractures and dislocations, torn muscles and ligaments, and traumatic brain injuries.
Seeking medical attention right after suffering a slip and fall is the first thing a victim should do, regardless of whether they feel like nothing happened. Some injuries may not show up immediately, which is why a complete and thorough medical examination is necessary. The medical documents related to the accident are also a powerful tool in case the victim wants to pursue a lawsuit against the negligent party.
Slip and fall accidents commonly happen, but people are advised not to take them lightly as they can cause severe harm. While another party may be at fault, proving their liability can be tricky.
For instance, it is not enough for the victim to show that they fell and suffered injuries due to a dangerous condition; they should also demonstrate that the property owner had knowledge or should have known about the dangerous condition and failed to address it.
Timing is also an important factor in determining liability. For example, a property owner may not be liable if an individual slips and falls in the middle of a snowstorm.
Slip and fall victims in Wisconsin have two options to establish liability and win compensation for their injuries. They can file their case according to the negligence theory or under the Wisconsin Safe Place Law.
The state of Wisconsin follows the common law of negligence theory, wherein individuals are obligated to exercise care towards other people. In slip and fall accidents, this duty is expected of property owners, who must ensure that their premises are kept hazard-free. In order to establish liability under the negligence theory, the victim should be able to prove the following:
The property owner owed them a duty of care.
The property owner failed to exercise reasonable care.
The injuries suffered by the victim resulted from the property owner’s negligence.
The property owner’s lack of care or negligence caused injuries to the victim.
Meanwhile, the Wisconsin Safe Place Law offers slip and fall victims an alternative way should they decide to pursue their cases. This law applies a higher standard of care in comparison to traditional negligence cases. Owners of public buildings and employers must take all reasonable safety precautions to take care of guests and employees.
While traditional negligence laws protect guests and workers against dangers, the Wisconsin Safe Place Law also requires property owners to do whatever it takes to ensure people’s safety and employ reasonable safety measures on their premises. On the other hand, this particular law does not apply to private properties.
Proving negligence in a slip and fall accident can be legally challenging, even if it is obvious that the property owner failed to fulfill their duty of care. They can use several arguments to avoid liability, like claiming not to know about the hazard or that the injuries of the victim were their own fault. As such, it is essential to consider different factors involved in the accident with the help of a slip and fall attorney to establish fault.
The average slip and fall case settlement amount in Wisconsin can range from $15,000 to $45,000. But as with other personal injury cases, it can be difficult to determine the exact amount of settlement for a slip and fall lawsuit. Different factors are considered for each case, such as:
The severity of the injury: Victims who suffer from serious and permanent injuries usually get higher compensation amounts. Serious injuries also result in more economic expenses as they incur higher medical bills and longer time away from work.
The victim’s age and overall health condition: The victim’s age becomes a factor when calculating lost income or lost future earning capacity. The reason behind this is simple — middle-aged people at the peak of their careers are earning more than young adults. The health status of an individual can also be a factor in determining the total award. For example, if a victim has a pre-existing medical condition, it can be argued that their pain is coming from the illness and not from the accident.
The negligent party’s insurance coverage amount: Almost all defendants use their insurance to cover the damages sustained by the injured victim. If a defendant does not have insurance and pays out of pocket, it can be challenging to collect the award from them.
Liability: The defendant’s liability may also depend on which type of guest the plaintiff falls under. Were they an invitee or a trespasser? Depending on this, the property owner may or may not be held liable for the accident. Another argument used by property owners to avoid liability is that the slip and fall accident was the victim’s fault or negligence.
The state of Wisconsin follows a modified comparative negligence system with a 51% threshold. What this means is that if a slip and fall victim wants to seek damages, they should not be more than 50% at fault for their injury. If they are proven to have contributed to the accident and are 51% or more at fault, they will be prevented from obtaining compensation. On the bright side, by following this system, many partially at-fault personal injury victims are still allowed to receive compensation.
A property owner and their insurance carrier are responsible for covering the necessary expenses that may result from a slip and fall injury. However, an insurer may downplay a victim’s losses to reduce the compensation amount. To counter this, a slip and fall lawyer can help build a strong case that can maximize the payout for their client.
Most general liability insurance policies in Wisconsin have coverage for premises liability. However, general liability insurance is not required for businesses in Wisconsin, but it is highly recommended because of its comprehensive coverage.
General liability insurance covers third-party bodily injuries, which means it can pay for a victim’s slip and fall accident-related costs. It can also replace or repair third-party items that have been damaged on business property. Moreover, it protects businesses against libel, slander, or copyright infringement.
Typical policy limits for businesses in Wisconsin range from $500,000 to $1 million.
The state of Wisconsin does not require homeowners or renters to carry insurance for their properties. However, lenders and landlords may require this from homeowners and renters.
If an insurance policy includes third-party liability coverage, the following losses from slip and fall incidents may be covered: medical costs, lost income, and pain and suffering.
The policy limit for medical coverage is $1,000 per person, but higher limits can be purchased with additional costs.
Workers’ compensation insurance is required for businesses in Wisconsin with three or more employees. This type of insurance covers various work-related illnesses and accidents, including slips and falls. So long as the accident was unintentional, there was no horseplaying, and the employee was not intoxicated, they can file for the benefits.
Workers’ compensation is a no-fault system, which means that an employee does not need to prove that the employer was at fault to be able to file a claim. Employees who file for workers’ compensation benefits will not be able to sue their employers.
According to Wisconsin Statutes Section 893.54, personal injury cases, including slips and falls, should be filed within three years from the accident date. If the victim lets time pass without filing a case, they risk decreasing the amount of compensation, making the evidence less reliable, and giving the other party time to counter against them. Failure to file a case within the set deadline may result in its dismissal.
Additionally, accepting settlements from the negligent party’s insurance company removes the victim’s right to pursue a lawsuit.
The Legal Action of Wisconsin assists low-income families and individuals facing various legal issues. It offers free legal advice and representation to clients, regardless of their ability to pay. This nonprofit law firm is funded by the Legal Services Corporation and other private and public organizations.
The Milwaukee Bar’s LRIS is a free referral service for Wisconsin residents looking for legal counsel. Its trained interviewers evaluate clients’ situations and make referrals to the appropriate legal resource. They are available during weekdays and can be reached at 414-274-6768.
A project of the American Bar Association, Free Legal Answers is an online resource for clients who need advice on various legal matters. Wisconsinites can simply create an account online, post their questions, and wait for a pro bono lawyer’s response.
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