Slip and fall accidents can cause serious injuries — broken bones, head injuries, back injuries — but not every fall gives rise to a legal claim. Wisconsin premises liability law requires more than just the fact that you fell on someone else’s property.

What You Must Prove

To succeed in a premises liability claim in Wisconsin, you generally must establish:

• The property owner knew or should have known about the dangerous condition
• The owner failed to correct the condition or warn you about it
• That failure caused your fall and injuries

The dangerous condition must have existed long enough that a reasonable owner should have discovered and addressed it. A spill that happened 30 seconds before you fell is a much weaker case than one that existed for hours.

Your Status on the Property Matters

Wisconsin law distinguishes between invitees (customers in a store), licensees (social guests), and trespassers. Property owners owe the highest duty of care to invitees — they must actively inspect for and correct dangerous conditions. The duty to licensees is lower. Trespassers are generally owed only the duty to avoid intentional harm.

Comparative Fault

Wisconsin’s comparative fault rule applies here too. If you were wearing inappropriate footwear, not watching where you were going, or ignoring visible warning signs, your recovery may be reduced or eliminated. How the incident is characterized matters enormously.

Document Everything

Photograph the hazard immediately. Report the incident to the property owner and get a written incident report. Keep all medical records. Get names of witnesses. This documentation is the foundation of your claim.

Attorney Christopher Carson handles premises liability and slip and fall cases in the Milwaukee and Waukesha County area. Call (262) 860-8932.