When you visit a business in Wisconsin—whether it’s your neighborhood grocery store, a local coffee shop, or a large shopping center—you expect the property to be safe. But what happens when it’s not? Slip and falls, icy sidewalks, poor lighting, and hidden hazards can turn a routine trip into a painful accident. These incidents are categorized under premises liability.
At Murphy & Prachthauser, we believe that understanding your rights is the first step toward protecting yourself and your loved ones. In this blog, we’ll walk you through the basics of Wisconsin premises liability in commercial settings and what to do if you’ve been injured because of someone else’s negligence.
Understanding Commercial Premises Liability in Wisconsin
Commercial premises liability is a legal concept that holds commercial property owners responsible when someone is injured because of unsafe or poorly maintained conditions on their property. In simple terms, if a business fails to fix a hazard or properly warn visitors about it, they can be held accountable for the harm that follows. Wisconsin has specific rules that consider factors like whether the hazard was obvious, how long it existed, and whether reasonable actions were taken to fix it.
For example, let’s say it’s winter in Wisconsin and a commercial property owner neglects to shovel and salt the icy parking lot outside their store. A customer steps out of their car, slips on the untreated ice, and suffers a serious injury. In this case, the business owner may be held liable for failing to maintain safe conditions and prevent foreseeable harm.
Understanding Wisconsin’s commercial premises liability laws is essential for both injured visitors and business owners. For visitors, it helps clarify when you may have the right to pursue a claim after an accident. For property owners, knowing these laws can help prevent costly injuries before they happen.
Commercial Premises Liability Roles
Determining who’s legally responsible in a commercial premises liability case isn’t always straightforward. Liability can fall on several different parties, depending on who had control over the property and the hazard that caused the injury. The typical roles involved are:
- Property Owners: Generally responsible for the overall condition of the property, including structural issues, exterior walkways, parking lots, and common areas, especially if they retain control over maintenance.
- Property Managers: If a property owner hires a management company, that company may be liable for day-to-day upkeep, such as snow removal, lighting, and addressing known hazards.
- Contractors: If a property manager hires a contractor, like a snow and ice contractor, the contractor can be held liable for injuries caused by snow or ice buildup, even if hazardous conditions were not caused by bad weather.
- Commercial Tenants: Tenants (such as store owners or office renters) may be responsible for maintaining the safety of the areas they control, like the interior of a leased retail space or private entryways.
Common Hazards Leading to Premises Liability Claims
Commercial properties are busy places, and with all the activity, there’s always a risk of accidents if proper care isn’t taken. Common hazards include:
- Slip and Fall Accidents: Spills, leaks, or debris create slippery or uneven surfaces that cause falls. For example, a water leak near the entrance of a shopping center can create a slick floor, leading to injury.
- Inadequate Security: Poor lighting or missing security features leave visitors vulnerable to crime or accidents. A dimly lit parking garage with no functioning surveillance cameras, for instance, increases the risk of assault or theft.
- Structural Hazards: Cracked flooring, broken guardrails, or malfunctioning escalators can create serious risks. Think of an office building stairway with a missing handrail, making it easy for someone to lose their balance and fall.
- Falling Objects: Unsecured fixtures or unstable shelving can fall and strike visitors below. In a busy retail store, an overloaded display shelf might collapse during a weekend sale, injuring nearby shoppers.
- Parking Lot Hazards: Potholes, poor lighting, and obstructed walkways lead to accidents for both drivers and pedestrians. A large crack in a parking lot pavement could cause someone walking to their car to trip and fall.
- Fire and Safety Code Violations: Blocked exits, faulty sprinklers, or poor emergency lighting can turn dangerous situations into disasters. For example, merchandise blocking a fire exit delays evacuation during an emergency, putting people at greater risk.
- Defective Automatic Doors and Access Systems: Malfunctioning doors can close too quickly or unpredictably, causing injuries. A sensor malfunction at a mall entrance might cause the doors to close abruptly on someone, leading to bruises or more serious harm.
Proving Liability in a Commercial Property Case
When you’re injured on commercial property in Wisconsin, you have to prove that the property owner or responsible party is legally liable for your injuries. To do that, four key elements must be examined: duty of care, breach of duty, causation, and damages.
Duty of Care
Commercial property owners in Wisconsin have a legal obligation, known as the “duty of care,” to keep their premises reasonably safe for visitors. This means they must regularly inspect the property, maintain safe conditions, and address hazards promptly. Wisconsin’s Safe Place Statute strengthens this duty by holding employers and property owners to an even higher standard of care in public buildings and places of employment. For example, a grocery store has a duty to ensure its aisles are free from slippery spills or debris that could harm customers.
Breach of Duty
A breach of duty happens when a property owner or manager fails to meet their responsibility to keep the premises safe. Ignoring known hazards, delaying maintenance, or failing to warn visitors about dangerous conditions are common examples. Consider a restaurant that knows about a broken step at its entrance but chooses not to repair it—this failure to act is a clear breach of duty.
Causation
To win a premises liability claim, you must show that the hazardous condition was a substantial factor causing your injury. It’s not enough that a danger existed—it has to be a reason for your accident. For instance, if a delivery driver trips over an unsecured extension cord running across the floor of a commercial office and suffers a concussion, there’s a direct link between the property owner’s failure to address the hazard and the injury sustained. If a delivery driver trips over their own untied shoelaces while walking through a well-maintained store, however, that wouldn’t typically fall under premises liability because no unsafe condition on the property caused the accident.
Damages
Finally, you’ll need to demonstrate that the accident led to actual damages, which can include medical expenses, lost wages, pain and suffering, or even long-term rehabilitation costs. For example, someone who suffers a serious back injury from a fall may require surgery, miss weeks of work, and endure ongoing physical therapy—all of which can be claimed as damages in a premises liability case.
Third-Party Actions and Premises Liability in Commercial Locations
While property owners and occupiers are typically the first parties considered in a premises liability case, they’re not always the only ones. In some situations, third parties—like contractors, maintenance providers, or even neighboring businesses—may contribute to the unsafe conditions that lead to injuries. When their negligence creates or worsens a hazard on commercial property, Wisconsin law allows them to be held accountable alongside (or sometimes instead of) the property owner.
Third-Party Premises Liability Legal Framework
Wisconsin law makes it clear that liability doesn’t always stop with the property owner. When a third party creates or contributes to unsafe conditions, they can also be held responsible for the resulting injuries. The key is whether their negligence played a direct role in causing the hazard.
For example, in Murphy & Prachthauser’s Callan v. Peters Construction Co. case, a customer slipped and fell on construction debris at a shopping center. Although Peters Construction wasn’t the property owner, the court examined whether the construction company, which had been performing work on the premises, shared responsibility for maintaining safe conditions. The case makes it clear: contractors who create or fail to remedy hazards during their work can be held liable for injuries, even if they don’t own or control the property.
In another Murphy & Prachthauser case, Hannenbaum v. Direnzo & Bomier, a slip and fall on an icy sidewalk raised the question of whether a commercial tenant, not just the property owner, bore responsibility for keeping shared spaces safe. The court’s consideration of the tenant’s role highlights that liability can extend to businesses leasing space within a commercial property, particularly when they have control over or benefit from the common areas where the injury occurs.
The Complexity of Shared Liability
When multiple parties contribute to hazardous conditions, determining who is responsible becomes much more complicated. Each party’s role needs to be carefully examined to understand their level of responsibility under Wisconsin law. A thorough investigation is essential to identify not just the property owner’s obligations but also any third-party negligence that played a part in the accident. An experienced premises liability lawyer can help you untangle the complex web of responsibility and pursue the full compensation you deserve.
Wisconsin Laws Governing Premises Liability in Commercial Properties
Several key laws determine when and how you can bring a commercial premises liability claim, how fault is determined, and how long you have to take legal action.
Comparative Negligence
Wisconsin follows the comparative negligence rule. This means that if you were partially at fault for your injury—say, you weren’t paying attention while walking through a hazardous area—you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you’re found to be 20% at fault, your recovery is reduced by that amount. It’s important to note that if you are found to be more at fault than the other party, you will not be able to recover damages from that party.
The Safe Place Statute
Wisconsin’s Safe Place Statute adds an extra layer of responsibility for commercial property owners and employers. In fact, it is one of the most important aspects of a premises liability case. Under this law, places of employment and public buildings must be kept as safe as the nature of the premises reasonably allows. This goes beyond general negligence standards by requiring owners to proactively inspect for and correct hazards, not just react when something goes wrong.
Statute of Limitations
In Wisconsin, commercial premises liability claimants typically have three years from the date of their injury to file a lawsuit. If you miss this window, your right to seek compensation may be lost, no matter how strong your case is. This is why it’s critical to speak with an attorney as soon as possible after an accident.
Steps to Take After an Injury on a Commercial Property
If you’ve been injured on a commercial property, what you do in the moments and days that follow can make a big difference in protecting your health and your legal rights. You should:
- Seek Medical Attention Immediately: Even if your injuries seem minor at first, get checked out by a medical professional. Some injuries, like concussions or internal injuries, may not show symptoms right away, and medical records are crucial evidence in your case.
- Report the Incident to Property Management or Staff: Notify the property owner, manager, or on-site staff about what happened as soon as possible. Make sure the incident is officially documented, and request a copy of the report if available.
- Document the Scene: Take photos (or have a friend/family member do so) or videos of the area where you were injured. Capture details like hazards (wet floors, debris, broken handrails), poor lighting, and any visible injuries. If your clothing or personal items were damaged, keep those as well.
- Gather Witness Information: If anyone saw your accident happen, ask for their contact information and, if they’re willing, a brief statement about what they observed. Independent witness accounts can be valuable support for your claim.
- Preserve Medical and Expense Records: Keep copies of all medical records, treatment plans, bills, and any out-of-pocket expenses related to your injury. These documents help establish the full extent of your damages.
- Consult an Experienced Wisconsin Premises Liability Lawyer: Before you speak to insurance adjusters or accept any settlement offers, talk to a knowledgeable attorney. They can help you understand your rights, gather critical evidence, and build a strong case for fair compensation.
How Murphy & Prachthauser Can Help
Navigating a premises liability claim after an injury on commercial property can feel overwhelming, but you don’t have to go through it alone. At Murphy & Prachthauser, our experienced team of attorneys is here to help you understand your rights, investigate every detail of your case, and fight for the compensation you deserve. If you or a loved one has been injured because of unsafe conditions on a commercial property, contact us today for a free consultation. Let us handle the legal complexities, so you can focus on healing.