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 I Seek in a Premises Liability Claim in Wisconsin?
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.
What is the Value of a Wisconsin Premises Liability Claim?
The value of a Wisconsin premises liability claim depends on several factors, including:
- Level of duty of care: The higher the level of care the property owner owed to the visitor, the greater the potential value of the claim. For example, a business owner owes a higher duty of care to customers than a homeowner owes to a trespasser.
- Severity of injuries: The more severe the injuries sustained, the higher the potential value of the claim. This includes both physical and emotional damages.
- Fault in the accident: If the visitor was partially at fault for the accident, their compensation may be reduced.
- Insurance coverage: The amount of insurance coverage the property owner has will impact the maximum amount of compensation available.
- Age and overall health of the victim: The victim’s age and overall health can affect the potential value of the claim. For example, a younger victim with a longer life expectancy may be awarded more in future damages.
Keep in mind, the specific circumstances of each case will determine the ultimate settlement amount. Consulting with an experienced attorney can help you understand the potential value of your claim and negotiate the best possible settlement.
Why Choose Murphy & Prachthauser for Your Premises Liability Case?
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.