Who Is Responsible For Your Slip and Fall Injuries?

When it comes to personal injury, traffic accidents seem to get the spotlight. However, many accidents occur off the street as well. When property owners fail to reasonably maintain their property and allow dangerous conditions to exist, serious injuries can result.  Natasha Misra Law represents victims of slip and fall accidents that involve issues of premises liability. 

What is premises liability? In simple terms, if you have been injured in a slip and fall accident or a trip and fall accident caused by a dangerous condition on someone else’s property, then the property owner or occupier may be held responsible for your injuries and losses.

What Is Premises Liability?

Property owners and people who occupy property have a legal duty to keep their premises in a safe condition and ensure that whoever enters the property is protected from an unreasonable risk of injury. 

To prove your slip and fall claim, you must be able to show that the owner or occupier of the property failed to keep the premises in safe condition. In addition, the court will look to your own actions and whether you were on the property legally. The court will also determine whether or not you were exercising reasonable care for your own safety.

What Is Considered A Dangerous Condition?

A successful slip and fall case will show that the accident was caused by an unsafe condition on the property. Dangerous conditions that create an unreasonable risk of harm, and lead to possible premises liability claims, include:

• Insufficient lighting
• Improperly constructed stairwells
• Wet floors
• Damaged carpet
• Poorly designed walkways
• Improperly maintained equipment
• Trip hazards
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But just because there was a slip and fall accident caused by one of these conditions does not always mean that the property owner or occupier can be held responsible. The following is often considered in determining whether the owner or occupier of the property can be held responsible for your injuries:

1. Whether the dangerous condition was caused by the owner or occupier of the property,
2. Whether the owner or occupier knew about the dangerous condition but did not fix it, or

3. Whether the owner or occupier should have known about the dangerous condition because a reasonable person maintaining the property would have discovered the dangerous condition and repaired it.

Who Can Sue For Premises Liability?

In addition to establishing that a dangerous condition existed, you would also need to prove that you were legally permitted to be on the property at the time of the accident.

Typically, visitors are categorized as either an invitee, a licensee or a trespasser. Invitees are visitors that are invited to the property, such as a general store customer. A licensee is a visitor that enters onto the property for their own purposes, but with the property owner’s consent. Trespassers, on the other hand, do not have consent to be on the property and are not owed the same level of care as invitees and licensees.

If you are in a grocery store during normal operating hours, for example, then you are considered an invitee. As an invitee, the grocery store owes you a duty of care to keep the premises clear of dangerous conditions.

Is There A Violation Of The Wisconsin Safe Place Statute?

In addition to a negligence claim for your slip and fall, you may also have a claim alleging that the owner of the building or employer violated Wisconsin’s Safe Place Statute. This law covers places of employment and public buildings, and applies to employees and people who frequently visit those locations. The Safe Place Statute holds employers, owners of public buildings, owners of places of employment, and builders responsible for constructing, maintaining and repairing the premises so that it is free of dangerous conditions.

Cases where the Safe Place Statute applies are often easier to prove, as the law holds an employer or the owner of a place of work to a higher standard of care. An experienced personal injury attorney can help you determine if the Wisconsin Safe Place Statute applies to your slip and fall case.

Do You Need A Personal Injury Attorney?

If you have been injured as the result of a dangerous condition on someone else’s property, you should consult with a Milwaukee personal injury attorney today. Slip and fall cases are almost never straightforward and can involve a number of complex premises liability issues. In addition, property owners and occupiers responsible for your injuries will attempt to limit the compensation owed to you. An experienced Milwaukee slip and fall attorney can help you get the compensation you deserve.

Call our office at (414) 635-2858 for a free consultation and speak with a Milwaukee personal injury attorney today.