Accidents can happen anywhere — at a grocery store, a parking lot, or even on a neighbor’s property. But when those accidents are caused by unsafe conditions that should have been addressed, you may have the right to pursue a premises liability claim.
In Wisconsin, property owners have a legal responsibility to keep their premises reasonably safe for visitors. When they fail to do so, and someone gets hurt as a result, premises liability comes into play. In this blog, we’ll walk you through the basics of premises liability law, the most common types of cases, and how an experienced personal injury attorney can help you navigate the legal process and protect your rights.
Understanding Wisconsin’s Safe Place Statute
Wisconsin’s Safe Place Statute (101.11) is one of the most important laws affecting premises liability cases. It requires that employers and owners of public buildings maintain their properties in as safe a condition as the premises permits. Unlike general negligence claims, which require proof of foreseeability, Safe Place claims focus more on the condition of the property itself, meaning that liability may still apply in certain circumstances even if the owner didn’t know about the hazard. The statute holds property owners to a higher standard of care, especially in areas where the public is invited or expected to be.
For injured individuals, the Safe Place Statute can strengthen a premises liability claim by shifting attention to whether the property was properly constructed, maintained, or repaired. If a defect or hazard caused your injury, like a broken stair, poor lighting, or an unmarked spill, you may have a valid claim under this law. Because these cases are fact-specific and can become complex quickly, it’s important to consult with an experienced personal injury attorney who understands how to apply the Safe Place Statute in support of your case.
Types of Premises Liability Cases
Premises liability covers far more than just slipping on a wet floor. From falls to animal attacks to security failures, these cases share a common thread: preventable harm. Below are some of the most common types of premises liability claims we see in Wisconsin.
Slip and Fall Accidents
Slip and fall accidents happen when a person loses traction and falls due to slick, uneven, or poorly maintained surfaces. These cases often stem from wet floors, icy sidewalks, poor lighting, or unexpected changes in flooring. For instance, if a tenant slips on an icy front step that their landlord failed to salt, the landlord may be responsible for failing to address a known seasonal hazard. To prove negligence, it must be shown that the property owner knew or should have known about the hazard and did not take reasonable steps to fix it or warn others. Documentation, witness statements, and maintenance logs can all support a claim.
Trip and Fall Accidents
Trip and fall injuries are typically caused by an object or uneven surface that catches a person’s foot, ankle, or leg. These accidents often involve broken stairs, cracked sidewalks, or cords stretched across walkways. For example, a customer walking into a restaurant might trip over a loose mat at the entrance and break their wrist. If the owner had received complaints about the mat but didn’t replace or secure it, they could be held liable. Many trip and fall cases hinge on how long the hazard existed and whether the owner took reasonable steps to address it.
Inadequate Security Claims
Property owners have a responsibility to provide a reasonably safe environment, which sometimes includes taking steps to prevent foreseeable criminal activity. Inadequate security claims often arise in places like hotels, apartment buildings, or parking garages. For example, if a hotel guest is assaulted in a poorly lit parking lot with broken security cameras and the hotel has a history of similar incidents, the victim may have grounds to sue for negligent security. These cases examine whether the property owner ignored warning signs or failed to implement appropriate safety measures. Lack of surveillance, broken locks, or untrained staff may all point to negligence.
Dog Bites and Animal Attacks
In Wisconsin, dog owners are strictly liable for injuries their pets cause, regardless of whether the animal has shown aggressive behavior before. If a child playing in their own yard is bitten by an off-leash dog, for instance, the dog owner may be held liable for the child’s injuries. Owners may also be held liable for non-bite injuries caused by their pets, like a broken wrist sustained after being knocked down by an excited dog. Victims of animal attacks may be entitled to compensation for medical care, scarring, psychological trauma, and other long-term effects.
Swimming Pool Accidents
Swimming pools on commercial and residential properties come with serious risks. Drownings, head injuries, and slip-and-falls are unfortunately common, especially when safety protocols aren’t followed. Pool owners must install proper fencing, post depth markers, and ensure equipment is functioning. If these safeguards are missing or defective, they may be liable for resulting injuries. Consider a situation where a hotel pool has a broken gate and no warning signs about the deep end. If a child gains access and drowns, the hotel could be held accountable for violating local safety ordinances.
Elevator and Escalator Accidents
Elevator and escalator incidents often result from poor maintenance or faulty components. For example, if a shopper gets their foot caught in a malfunctioning escalator that had been reported several times before the incident, the property owner or maintenance company may be held liable. In these cases, determining responsibility often involves evaluating inspection records, repair histories, and third-party maintenance agreements. Liability may fall on the property owner, a service provider, or even the manufacturer.
Retail and Grocery Store Injuries
Retailers have a duty to maintain a safe shopping environment. Hazards like spilled liquids, overcrowded aisles, or improperly stacked merchandise can lead to serious injuries. For instance, a customer browsing in a department store may be struck by a box that falls from a high shelf due to negligent stocking practices. The store could be found liable for failing to secure inventory properly. Retail cases often require surveillance footage and store logs that can help determine whether the hazard was ignored or overlooked.
Amusement Park and Recreational Facility Injuries
Injuries at amusement parks or recreational facilities may result from ride malfunctions, defective safety equipment, or negligent supervision. For example, if a roller coaster malfunctions after multiple reports of issues, and a rider suffers a broken leg, the park may be held responsible for failing to perform timely maintenance. While these businesses may require visitors to sign waivers, those waivers don’t always shield them from liability when injuries are caused by negligence.
Construction Site Injuries (For Non-Workers)
Even if you’re not working on a construction site, you can still be at risk when passing by or visiting nearby. These areas often contain hazards like falling debris, open trenches, or unsecured equipment. Property owners and contractors have a duty to protect the public from foreseeable risks, even if no one was supposed to be in the area. For example, if a pedestrian walking by a site is hit by debris from a poorly secured scaffold, the construction company or property owner may be liable for failing to create a safe barrier.
Workplace and Industrial Premises Liability Cases
Not all premises liability cases happen in public spaces. Many occur at workplaces, job sites, and industrial facilities—environments where safety protocols should be strictly followed, but too often aren’t. While employees typically have access to workers’ compensation, visitors, contractors, and even employees may still have a valid premises liability claim if someone other than the employer is at fault. Understanding where liability falls is key to getting the compensation you deserve after an injury in a workplace or industrial setting.
Workplace Accidents (For Non-Workers and Visitors)
Visitors, delivery drivers, contractors, and other non-employees are entitled to a reasonably safe environment when entering a business property. If a delivery driver trips over improperly stored equipment in a warehouse, the business could be held liable for failing to maintain a safe and navigable space. Hazards like poor lighting, slick floors, or cluttered walkways can all create risks that property owners and tenants are legally obligated to address. When a business fails to maintain safe conditions for those lawfully on the premises, premises liability law allows injured visitors to seek compensation for medical costs, lost wages, and other damages.
Industrial Workplace Accidents (For Employees and Non-Employees)
Industrial environments are filled with heavy equipment, hazardous materials, and fast-paced activity. When safety measures fall short, the consequences can be severe. For example, a factory worker may suffer long-term lung damage from toxic chemical exposure due to poor ventilation. These environments also pose dangers like slips and falls on oil-slicked surfaces, falling inventory from overloaded shelves, or injuries caused by unmaintained machinery.
Employees injured on the job often turn to workers’ compensation, but in some cases, a third party—such as an equipment manufacturer or outside contractor—may share responsibility. When that happens, a premises liability or third-party injury claim may be allowed in addition to workers’ comp to help the injured person recover fuller compensation for their losses.
How a Premises Liability Lawyer Can Help
After an injury on someone else’s property, you may be facing more than just physical pain. Medical bills pile up, work becomes difficult or impossible, and insurance companies may not be quick to offer the compensation you need. That’s where a Wisconsin premises liability lawyer can step in. An experienced attorney will guide you through the legal process, protect your rights, and work to hold the responsible parties accountable so you can focus on healing and moving forward.
1. Investigating the Accident and Gathering Evidence
A strong case starts with a thorough investigation. Your attorney will collect critical evidence such as surveillance footage, property maintenance logs, and eyewitness statements to build a clear picture of what happened. They’ll also identify all potentially responsible parties, from landlords and property managers to maintenance contractors and business operators, to ensure no detail is overlooked.
2. Proving Negligence
To win a premises liability case, your lawyer must prove that the property owner or occupier was negligent. This involves four legal elements:
- Duty of care: The owner had a responsibility to keep the property reasonably safe.
- Breach of duty: They failed to meet that responsibility.
- Causation: That failure directly caused your injury.
- Damages: You suffered actual harm, such as medical costs or lost wages.
Proving negligence isn’t always straightforward, but a premises liability attorney knows how to connect the dots using evidence and expert testimony.
3. Understanding Comparative Negligence and Contributory Negligence
In some cases, the injured person may share some responsibility for the accident. This can affect how much they recover. Wisconsin follows a Modified Comparative Negligence Rule. If you’re partially at fault, you can still recover compensation, but it will be reduced by your percentage of fault.
Some states follow a Contributory Negligence rule, where being even 1% at fault can bar recovery entirely. Wisconsin doesn’t follow this stricter rule, but insurance companies may still try to unfairly shift blame. A skilled lawyer will push back, helping ensure your role is assessed fairly and that blame isn’t wrongly placed on you.
4. Negotiating with Insurance Companies
Insurance companies often try to minimize payouts or deny claims altogether. They may argue the hazard wasn’t obvious, that you weren’t careful, or offer a settlement that doesn’t begin to cover your expenses. Your attorney will handle these negotiations and advocate for compensation that reflects the true cost of your injuries.
5. Filing a Lawsuit, if Necessary
If a fair settlement can’t be reached, your lawyer can take the case to court. This involves preparing a complaint, filing it within Wisconsin’s statute of limitations, conducting discovery, and representing your interests at trial. Having a premises liability lawyer on your side who understands state-specific procedures and courtroom strategy is essential if your case progresses to litigation.
6. Maximizing Compensation
A premises liability lawyer will pursue all possible forms of compensation available in your case. That includes economic damages like medical expenses, lost income, and rehabilitation costs, as well as non-economic damages for pain, emotional suffering, and loss of enjoyment of life. In rare but severe cases involving gross negligence, they may also seek punitive damages to hold the at-fault party further accountable. Their goal is to help you recover as fully as possible—physically, emotionally, and financially.
Conclusion
When you’re injured because someone else failed to maintain a safe property, you shouldn’t have to deal with the consequences alone. Premises liability cases can be complex, but with the right legal support, you can pursue the compensation you deserve.
At Murphy & Prachthauser, we’ve been helping injured individuals across Wisconsin for decades. Our experienced team takes a thoughtful, thorough approach to every case. If you or a loved one has been injured on someone else’s property, contact us for a free consultation. Let us put our experience, dedication, and compassion to work for you.