Wisconsin Premises Liability Lawyers

Our property liability attorneys have decades of experience in Wisconsin premise liability law and are here to help you.

Featuring expertise and compassion, our Wisconsin premises liability lawyers are experts at cases involving injuries from situations where a property owner fails to fix unsafe conditions on their property. After all, the owner or operator of the premises is responsible for keeping the premises in reasonably safe condition or warning you of a dangerous condition. Helping gather and review all evidence, our team of lawyers communicate with you regularly and help you manage your recovery and compensation to help you get through this difficult time in your life.

Wisconsin’s Premises Liability Laws

In Wisconsin, premises liability cases are governed by comparative negligence law.  If both the property owner and the injured party are found to be at fault for an accident, the injured party’s compensation will be reduced based on their percentage of fault.

To collect any damages, the injured party’s percentage of fault must be equal to or less than the percentage assigned to the negligent property owner. For example, if a visitor to a store slips and falls on a wet floor and is found to be 51% at fault or more, they would not be eligible to receive compensation at all.

So how can comparative negligence impact the outcome of your premises liability case? Consult with one of our attorneys to understand how this law applies to your specific situation.

Proving Your Premises Liability Claim in Wisconsin

Our experienced team of lawyers at Murphy & Prachthauser will work diligently to prove your premises liability case. To successfully do so, we must demonstrate that a dangerous property condition existed, the property owner knew or should have known about it, and your injuries were directly caused by this condition and the owner’s negligence.

Whether you’re a guest, a delivery person, or someone who isn’t permitted, the specific visitor classification affects the property owner’s responsibility. Invitees, such as customers or guests, are owed the highest level of care. Licensees, like social guests, are owed a lesser duty. Trespassers, those without permission, typically only a duty to avoid willful or wanton injury.

What Compensation Can a Premises Liability Lawyer in Wisconsin Help You Recover?

In a Wisconsin premises liability claim, you may be able to seek compensation for various types of damages, including:

Medical expenses: This includes the cost of immediate medical treatment, ongoing medical care, medications, surgeries, and rehabilitation.

Reconstructive facial surgeries: If your injuries have resulted in facial disfigurement, you may be able to seek compensation for reconstructive surgeries to restore your appearance.

Physical rehabilitation: This can include physical therapy, occupational therapy, or other forms of rehabilitation to help you recover from your injuries.

Mental health treatment: Premises liability accidents can often lead to emotional distress, anxiety, or depression. You may be able to seek compensation for mental health treatment, such as therapy or counseling.

Lost wages and earning capacity: If your injuries prevent you from working or reduce your earning potential, you may be able to seek compensation for lost wages and future lost earnings.

Pain and suffering: This includes compensation for the physical pain and emotional distress you have experienced as a result of your injuries.

How Much is Your Premises Liability Case Worth? Insights from a Wisconsin Lawyer

The value of a Wisconsin premises liability claim depends on several factors, including:

1. Level of Duty of Care

Property owners owe different levels of care depending on the visitor’s status:

• Invitees (customers, tenants, or guests) are owed the highest duty of care, requiring property owners to regularly inspect and address hazards.
• Trespassers are generally not owed a duty of care, except in special circumstances, such as cases involving children under the attractive nuisance doctrine (e.g., unsecured swimming pools or construction sites).

Property owners owe different duties based on their own status. For example, a “place of employment” or a building open to the public like a hospital, owes a duty to make its premises safe. The jury instruction lays this out: The Wisconsin Legislature enacted a law which is known as the Safe-Place Statute, which applies to this case. That law imposes a duty upon (defendant) in this case to (construct) (repair) (maintain) the premises upon which (plaintiff) was injured so as to make them safe. The law requires (defendant) to (furnish and use safety devices and safeguards) (adopt and use methods and processes) reasonably adequate to render the place of employment safe. Violation of this law is negligence.

The term “safe” or “safety,” as used in this law, does not mean absolute safety. The term “safe” or “safety,” as applied to the premises in this case, means such freedom from danger to the life, health, safety, or welfare of (plaintiff) as the nature of the premises will reasonably permit. (Defendant) was not required to guarantee (plaintiff)’s safety but rather was required to (construct) (repair) (maintain) the premises as safe as the nature of the place would reasonably permit.

If the safe place law does not apply, like if it is a private homeowner, then it is a duty of ordinary care.

2. Severity of Injuries

The extent and long-term impact of injuries play a significant role in determining claim value. Factors that may increase compensation include:

• Emergency medical care required at the time of the accident
• Surgical procedures and hospital stays
• Physical therapy and rehabilitation for long-term recovery
• Permanent disability or disfigurement that affects quality of life
• Emotional distress or mental health conditions (such as PTSD or anxiety) resulting from the accident

3. Fault and Comparative Negligence

Wisconsin follows a comparative negligence rule, meaning compensation is adjusted based on the injured party’s share of fault. If the injured person is found to be:

• Less at fault, their damages are reduced by their percentage of fault (e.g., if they are 20% at fault, their compensation is reduced by 20%).
• If they are more at fault, they may be ineligible to recover any damages.

4. Available Insurance Coverage

The insurance policies of the property owner, business, or landlord affect the compensation available. Key factors include:

• Whether the property owner carries adequate liability insurance
• The policy limits for bodily injury and premises liability
• The owner’s financial resources, in cases where insurance coverage is insufficient

5. Age and Overall Health of the Victim

• Younger victims or those in excellent health may receive more compensation for long-term impact, future medical care, and lost earning capacity.
• Pre-existing conditions can complicate claims but do not disqualify victims from seeking compensation.

6. Loss of Income and Future Earning Potential

If injuries prevent the victim from working, they may recover damages for:

• Lost wages during recovery
• Reduced earning capacity if they can no longer perform the same job
• Future lost income for long-term or permanent disabilities

7. Pain and Suffering

Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, may be awarded based on the severity of the impact on the victim’s daily life.

8. Punitive Damages (Rare Cases)

In cases of extreme negligence or intentional harm, the court may award punitive damages to punish the responsible party and deter future misconduct.

Since every case is unique, consulting an experienced Wisconsin premises liability lawyer is crucial to understanding the potential value of your claim and maximizing your compensation.

Why Trust Murphy & Prachthauser as Your Premises Liability Lawyer in Wisconsin?

Murphy & Prachthauser has a proven track record of success in handling premises liability cases. With years of experience representing injured individuals, our attorneys are dedicated to fighting for your rights and ensuring you receive the compensation you deserve.

We understand that navigating the legal system can be overwhelming, especially when dealing with the aftermath of an injury. Our team is committed to providing personalized attention and support throughout the entire legal process. We will work closely with you to understand the details of your case and develop a tailored strategy to achieve the best possible outcome.

 

FAQs about Wisconsin Premise Liability Cases

How do I know if I have a premise liability case?

Experiencing a premise liability injury can cause physical and emotional pain, not to mention the financial stress of medical bills and the time off work to heal. With Murphy & Prachthauser, you can feel confident that you’re getting the best legal advice during this difficult time.

Our Wisconsin slip and fall attorneys will help gather and review all the evidence, such as photos, videos, and witness testimonials of your potential premise liability case.

• Was the issue or hazardous condition that caused the slip and fall injury temporary?
• Is there adequate evidence to prove the issue existed long enough that the owner or operator of the premises should have discovered and corrected it.
• If the hazardous condition is permanent, meaning it’s associated with the building’s structure or business operations, has it been in place for seven years or longer?

What should I do after a premise liability accident?

Unforeseen circumstances, weather, and negligence by property owners can result in dangerous circumstances for you and members of your family. If you or a loved one has been seriously injured by a slip and fall accident as a result of dangerous premises, then you may have the right to file a legal action.

It is important to take steps for recovery and compensation, as soon as possible. Gathering as much as you can upfront will help your Wisconsin premise liability attorney prove you have a case and who is legally at fault.

• Contact a medical provider to help with any slip and fall injuries
• Alert the property owner about the fall
• Locate any witnesses and record their names and phone numbers
• Look for the cause of the fall

Use your phone to take pictures of the scene and document what caused the fall

Are there laws about what businesses or owners of public buildings have to do to keep people safe?

Businesses or owners of public buildings have responsibilities under Wisconsin’s Safe Place Statute. This statute requires businesses and owners of public buildings to construct, repair and maintain their property to a condition as safe as the nature of the place reasonably permits. A violation of the safe place statute can be demonstrated by failure to follow applicable building codes, or when a property owner fails to remove snow or ice if the owner either knew or should have known of the condition. The safe place law has been applied to an apartment house, a building under construction, a clubhouse, a dance floor, a driveway, a filling station, a business parking lot, and even a light pole.

What are some common types of premise liability cases?

Slip and Fall Accidents

Property owners must keep floors, sidewalks, and parking lots free of hazards like wet floors, ice, and uneven surfaces. If a slip and fall occurs due to negligence, victims may be entitled to compensation.

Trip and Fall Accidents

Tripping hazards like cracked pavement, loose carpeting, or hidden objects can cause serious injuries. Property owners are responsible for maintaining safe walking areas to prevent these accidents.

Swimming Pool Accidents

Drowning risks, lack of barriers, or unsafe pool conditions can lead to devastating injuries. Wisconsin property owners must follow safety regulations to prevent liability claims.

Elevator and Escalator Accidents

Malfunctions, sudden stops, or faulty maintenance can cause injuries. Building owners and maintenance companies may be liable for accidents involving elevators and escalators.

Inadequate Security

Failure to provide proper lighting, security cameras, or personnel in high-risk areas can lead to assaults or theft. Property owners may be held responsible for injuries caused by negligent security.

Dog Bites and Animal Attacks

Wisconsin law holds dog owners liable if their pet injures someone, even if the animal has no history of aggression. Victims may seek damages for medical bills and emotional trauma.

Inadequate Lighting

Poor lighting in stairwells, parking garages, and walkways increases the risk of falls and criminal activity. Property owners must ensure adequate illumination for safety.

Amusement Park Accidents

Ride malfunctions, operator negligence, or unsafe conditions at amusement parks can lead to serious injuries. Park owners must maintain rides and enforce safety rules.

Building Code Violations

Failure to comply with Wisconsin building codes—such as improper stair heights, lack of handrails, or fire hazards—can result in accidents. Violations may be used as evidence in a premises liability claim.

Toxic Substances

Exposure to hazardous chemicals, lead paint, or mold due to property owner negligence can lead to serious health conditions. Victims may be entitled to compensation for medical treatment and damages.

Landlord Liability

Landlords must maintain rental properties in safe, habitable conditions. Negligence in repairs, pest infestations, or unsafe stairways can result in tenant injuries and legal claims.

What Is Premises Liability?

Premises liability is a legal doctrine that makes property owners or occupiers responsible for injuries or harm that occur on their property. This means that property owners have a duty to maintain their premises in a reasonably safe condition for visitors, whether they are invited guests, licensees, or trespassers. This duty extends to both the physical condition of the property (e.g., ensuring there are no dangerous hazards) and the activities that take place on the property.

What is the difference between premises liability and personal liability?

Premises liability refers to the legal responsibility of a property owner or occupier to ensure that the property is reasonably safe for visitors. This involves maintaining the property in a condition that does not pose undue risk of harm.

Personal liability is a broader term that encompasses any legal responsibility of an individual for their actions or omissions, regardless of whether they are related to property ownership.

What are premises liability principles?

Duty of care: Property owners have a duty to exercise reasonable care to keep their premises safe for visitors.

Breach of duty: If the property owner fails to fulfill their duty of care, they have breached their duty.

Causation: The breach of duty must have directly caused the visitor’s injury or harm.

Damages: The injured party must have suffered actual damages, such as medical expenses, lost wages, or pain and suffering.

Is premises liability a legal concept related?

Yes, premises liability is a legal concept related to tort law. Tort law deals with civil wrongs that cause harm to others.

How long do I have to file a premises liability lawsuit in Wisconsin?

The statute of limitations for personal injury cases in Wisconsin is three years from the date of the injury to file a lawsuit after the incident occurred. However, there may be exceptions or circumstances that could affect this timeline. It’s essential to consult with an attorney to determine the specific statute of limitations applicable to your case.