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.