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 abolished the old invitee/licensee hierarchy in Antoniewicz v. Reszczynski, 70 Wis. 2d 636 (1975). A customer in a store and a social guest are now owed the same thing: ordinary care under the circumstances. Only trespassers stand differently, and are generally owed no more than the duty to avoid intentional harm. The practical question is therefore not what label attaches to the visitor but whether the owner acted reasonably given what was known or knowable about the hazard.
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.
About the author. Christopher S. Carson, J.D., M.A., has practiced law in Milwaukee for 34 years. He holds an M.A. in International Security Studies from Georgetown University, where he was the Bradley Fellow, was formerly with the American Enterprise Institute, and is a contributing editor at the New English Review. Read the full biography.
More on this: Personal injury practice at Carson Law Office · Schedule a free consultation · (262) 860-8932
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This article is general information about Wisconsin law, not legal advice about your situation, and reading it does not create an attorney-client relationship.