Milwaukee Premises Liability Lawyer

Understanding Wisconsin Premises Liability

Premises liability refers to the legal responsibility property owners or occupiers have to maintain safe conditions for individuals on their property. If a hazardous condition leads to an injury, the property owner may be held accountable under premises liability law.

Premises liability cases can stem from various situations, including unsafe stairways, wet floors, or poorly lit areas. These claims hinge on the concept of negligence and whether the property owner took appropriate measures to prevent an accident.

Types of Property Visitors: Invitees, Licensees, Trespassers

The duty of care a property owner owes depends mainly on the type of owner. Owners of for-profit businesses or businesses open to the public owe the highest duty of care, that of making the place as safe as the nature of the place reasonably permits. Suppose this business is a nonprofit, like some hospitals and facilities like the YMCA. In that case, those owners owe a duty to act with ordinary care (in a non-negligent fashion). Similar to nonprofits, a property owner who is not involved in business owes the same duty of ordinary care.

The duty owed can also vary based on the status of the injured party. For instance, if a trespasser appears on the property,  the owner must refrain from actively injuring that person, like setting a trap in the hope of catching them. If the injured person is engaged in recreational activities, like recreational walking, jogging, or swimming, it gets extremely complicated.

There was a statute enacted in the early 1960s that gave immunity for injury while picking berries. Later, it was expanded to include all sorts of recreational activities. It is commonly referred to as the “Berry Picking Statute.” Under the “Berry Picking Statute,” the owner, depending on the facts, may owe a very limited duty. This is an extremely complex area of the law, one that often requires extensive research and expertise.

Wisconsin Premises Liability Lawyers

Navigating a premises liability case can be challenging without the guidance of a skilled attorney. Wisconsin premises liability lawyers have the expertise to evaluate your case, gather necessary evidence, and build a compelling argument to ensure fair compensation. Their role is crucial in addressing the unique aspects of state law and overcoming potential legal hurdles.

Key Legal Concepts in Milwaukee Premises Liability Cases

Milwaukee premises liability cases are complex. They have many moving parts a lawyer can guide you through, but the three most important legal concepts for you to know are:

Duty of Reasonable Care

Property owners are legally obligated to maintain reasonably safe conditions and address potential hazards promptly. For example, a business owner must ensure spills are cleaned up, and warning signs are displayed to prevent accidents. The extent of this duty depends on the type of owner and type of visitor and the circumstances surrounding the incident.

Comparative Negligence in Wisconsin

Wisconsin follows a comparative negligence rule, meaning your compensation may be reduced if you are found partially at fault for your injury. For instance, if you were 20% at fault for a slip and fall, your damages would be reduced by that percentage. This makes it even more important to work with an attorney who can help minimize any assigned fault.

Statute of Limitations

In Wisconsin, you generally have three years from the date of the incident to file a premises liability claim. However, this timeline can vary for cases involving public property or minors. Consulting a Milwaukee premises liability lawyer promptly helps ensure your claim is filed within the required timeframe.

Common Types of Premises Liability Claims

Premises liability claims arise from various unsafe conditions. While these cases can take many forms, they all share a common thread: the property owner or occupier failed to maintain a safe environment or adequately warn visitors of potential hazards. Below are some of the most common types of premises liability claims and what you should know about each.

Slip and Fall Accidents

Slip and fall accidents are a leading cause of premises liability claims in residential and commercial settings. These incidents can be caused by:

• Wet or slippery floors without proper warning signs
• Uneven surfaces, such as cracked pavement or loose floorboards
• Poorly lit areas that obscure hazards
• Snow or ice accumulation on walkways

In these cases, liability hinges on whether the property owner or occupier knew, or should have known, about the dangerous condition and failed to take reasonable steps to address it. For example, if a grocery store manager neglects to clean up a spill in a timely manner, they may be held responsible for resulting injuries.

Victims of slip and fall accidents often face challenges proving that the property owner was negligent. Working with a knowledgeable Milwaukee premises liability lawyer ensures these complexities are addressed, and victims have the best chance of securing fair compensation.

Other Common Premises Liability Incidents

In addition to slip and fall accidents, premises liability claims can arise from conditions like:

• Inadequate Security Leading to Assaults: Property owners, particularly those managing apartment complexes, hotels, or parking garages, may be held liable if they fail to provide sufficient security measures, such as lighting or surveillance cameras, to prevent assaults or other crimes.
• Poor Maintenance of Walkways or Stairways: Broken handrails, loose steps, and uneven walkways are common hazards that can lead to serious injuries like fractures or head trauma.
• Dog Bites or Animal Attacks: Dog owners are generally held responsible for injuries caused by their pets, especially if the animal has a history of aggression or the owner failed to restrain it properly. These claims often require detailed evidence, such as medical records and witness testimony, to establish liability.
• Swimming Pool Accidents: Public and private pool owners can be liable for drowning or other injuries resulting from inadequate supervision, lack of safety equipment, or failure to secure the area to prevent unauthorized access.
• Fire Hazards or Building Code Violations: Property owners can also be held responsible for injuries caused by unsafe building conditions, such as faulty wiring, lack of fire exits, or non-compliance with safety codes.

Pursuing a Premises Liability Claim

Pursuing a premises liability claim can feel overwhelming, especially when you’re dealing with the aftermath of an injury. However, understanding the process and knowing what to expect can make it less daunting. Here’s a closer look at what influences these cases and how to strengthen your claim.

Factors Influencing Settlements

Several factors play a critical role in determining the settlement amount for a premises liability claim:

• Severity of Injuries: The extent of your injuries is often the most significant factor. Severe injuries, such as broken bones, head trauma, or permanent disabilities, typically result in higher compensation to cover medical expenses, lost wages, and pain and suffering.
• Percentage of Fault Assigned: Wisconsin’s comparative negligence rule means your compensation may be reduced if you are found partially at fault for the incident. For example, if you ignored a clearly posted warning sign and were deemed 20% at fault, your damages would be reduced by 20%.
• Available Insurance Coverage: The property owner’s insurance policy limits can significantly impact the settlement. If the available coverage is insufficient, you may need to explore additional options, such as suing the property owner directly.
• Long-Term Impacts: Injuries resulting in ongoing medical needs or reduced earning capacity are taken into account when calculating damages.

Legal Representation Advantages

The complexities of premises liability law make legal representation invaluable. Here’s how a skilled attorney can help:

• Case Evaluation: An attorney can assess the strength of your claim and advise you on the potential outcomes.
• Evidence Gathering: From obtaining surveillance footage to interviewing witnesses, a lawyer ensures that critical evidence is collected and preserved.
• Negotiations: Insurance companies often try to minimize payouts. Your attorney can counter these tactics and advocate for the maximum compensation you deserve.
• Court Representation: If your case goes to trial, having a lawyer who understands Wisconsin premises liability law is crucial to presenting a compelling argument in court.

With a lawyer managing the legal complexities, you can focus on your recovery while knowing your case is in capable hands.

Immediate Steps Following an Accident

Taking prompt action after a premises liability incident is crucial to protecting your rights and building a strong case. Here’s what you should do:

1. Seek Medical Attention: Many people may delay seeking medical care for what seems like a minor injury, only to have it worsen over time. Unfortunately, insurance companies often deny claims due to this delay, arguing that other factors could have caused the injury. To protect your claim, it’s wise to schedule a check-up within 10 to 14 days after the incident—if the injury heals, you can always reschedule or cancel.
2. Report the Incident: If your injury allows, notify the property owner or manager immediately and request a written incident report. This creates a documented record of the event.
3. Document the Scene: Take photos or videos of the hazard that caused your injury, as well as the surrounding area. Capture details like lighting, warning signs, and any contributing factors. If you cannot personally do this, send a friend or family member to do this as soon as possible.
4. Gather Witness Information: If others witnessed the incident, collect their contact information. Their statements may be valuable in corroborating your account.
5. Contact a Lawyer: Consulting a premises liability lawyer early ensures you meet critical deadlines, such as the statute of limitations, and allows your attorney to build your case while the evidence is fresh.

Challenges in Premises Liability Cases

Premises liability cases are extremely difficult to navigate, even when the facts seem straightforward. From dealing with insurance companies to addressing complex legal questions, having a clear understanding of potential challenges is critical to achieving a favorable outcome.

Insurance Company Tactics

Insurance companies are typically more focused on protecting their profits than offering fair settlements. To minimize payouts, they often employ tactics designed to weaken your case or reduce the value of your claim. For instance, they may question whether the property owner was truly at fault or attempt to shift some or all of the blame onto you.

Another common strategy is to downplay the severity of your injuries. Claims adjusters might argue that your injuries were preexisting or not as serious as you claim. In some cases, insurance companies may delay the claims process to pressure you into accepting a lower settlement out of financial desperation. Alternatively, they might present a quick but inadequate settlement offer, hoping you’ll agree before understanding the full extent of your damages.

Businesses often contract with other businesses for snow or ice control or interior cleaning. There is often a dispute over which entity is responsible.

Countering these tactics requires a strategic approach. An experienced premises liability lawyer can gather the necessary evidence, including medical records, expert opinions, and witness statements, to demonstrate the severity of your injuries and establish fault. They can also negotiate effectively with the insurance company, ensuring you aren’t pressured into accepting less than you deserve. If necessary, they can take your case to court to fight for a fair outcome.

Navigating Complex Legal Terrain

Premises liability cases are governed by a complex web of legal principles, making it difficult for injured parties to pursue claims on their own. To win a premises liability claim, you must show that the property owner or occupier failed to maintain reasonably safe conditions or did not provide adequate warnings about hazards. This requires a thorough understanding of legal standards, as well as detailed evidence to support your case.

Additionally, premises liability cases often involve technical aspects such as building codes and safety regulations. For example, if a stairway was poorly constructed or lacked proper handrails, these violations could strengthen your claim. However, identifying and interpreting these issues often requires the expertise of legal and technical professionals.

Without legal expertise, these challenges can derail a case or lead to unfavorable outcomes. A knowledgeable Milwaukee premises liability lawyer can help ensure that your case is prepared for any challenges that may arise.

Murphy & Prachthauser’s Milwaukee Premises Liability Lawyers

With decades of experience and a commitment to client success, Murphy & Prachthauser is proud to serve Milwaukee residents in premises liability cases. Our team understands the nuances of Wisconsin law and works tirelessly to secure justice for our clients.

Case Studies

One fact pattern we have seen in multiple cases involves a property owner’s failure to keep walking surfaces unobstructed. This scenario often arises at construction sites, including residential properties and businesses.

One of the earliest steps in a construction project is to lay down a surface for authorized vehicles to drive on. In many cases, this is an asphalt base. Contractors typically avoid applying a finish coat of asphalt because heavy construction vehicles would damage it. Instead, they only put down a base coat of asphalt, which is usually an inch or two below the anticipated level of the finished asphalt. This creates a lip or ridge where the asphalt ends, and a sidewalk or garage slab will begin.

To prevent tripping hazards, the height difference between the base coat of asphalt and adjacent surfaces must be ramped with a small wedge. This is required by OSHA and virtually every industry standard. When someone falls due to the absence of this necessary wedge, the responsible contractors or paving companies can be held liable for the resulting damages.

For example, we represented a patron of a newly opened restaurant where part of the parking lot had been left with only the base coat of asphalt. Near the entryway, there was a ridge between the finished asphalt and the outer parking lot. Because the restaurant had recently opened, it was drawing a large number of patrons. Our client parked in an area with only the base coat of asphalt. As she walked toward the entrance, she did not notice the one-and-a-half-inch lip in the pavement, tripped, and fell forward, severely injuring her shoulder, which required multiple surgeries.

In another case, a client visiting a friend at her apartment complex tripped over a deviation between the asphalt parking lot and the garage slab. She stepped directly onto this uneven surface, twisted her foot, and suffered a severe ankle injury requiring surgical repair.

In both cases, claims were filed against the responsible contractors. Notably, shortly after each injury, the contractor was called out and provided the necessary ramp or wedge to eliminate the hazard—an acknowledgment of the defect that should have been corrected before the accidents occurred.

Conclusion

Premises liability cases require a deep understanding of Wisconsin law and the support of experienced legal professionals. If you’ve been injured due to unsafe conditions on another’s property, don’t wait to seek help. Contact Murphy & Prachthauser for a comprehensive case evaluation and take the first step toward securing the compensation you deserve.