Proving Liability | Wisconsin Slip And Fall Cases

Written by Steve Eisenberg on October 1, 2021. Posted in Blog, Personal Injury.

Proving Liability in Wisconsin Slip and Fall Cases

Slip and fall injuries may be common, but that does not mean they are minor. Very serious injuries can occur when a person slips and falls. Beyond bumps and bruises, victims can suffer from broken bones, dislocations, and even concussions.

In some situations, it is possible that another party is at fault for the incident. Proving liability in these types of cases is not guaranteed. It’s not enough to demonstrate that the victim fell and was injured due to a hazardous condition. Instead, victims must prove that the defendant knew or should have known about the hazard that resulted in the accident and did nothing to rectify the situation.

In Wisconsin, there are two ways that victims try to prove liability and recover damages from a slip and fall injury. Victims can pursue claims under negligence theories or the Wisconsin Safe Place Law.

Negligence Theory

Wisconsin operates under common-law theories of negligence. That means that everyone in the state, resident or not, has a legal duty to act with care towards others. In a slip and fall situation, it means that the property owners and/or possessors have a legal duty to ensure the property is not dangerous.

When proving liability under the negligence theory, victims must prove that their injuries were caused by a preventable hazard. They must also prove that:

the property owner knew or should have known that the hazard existed,
had reasonable time to correct the situation, and
did not attempt to fix the hazard.

The Wisconsin Safe Place Law

The Wisconsin Safe Place Law is the second way a victim can pursue a slip and fall case. This law requires all employers and owners of public buildings to ensure the property is as safe as possible for both employees and customers/visitors. The law does not apply to private property.

This law creates a higher standard of care than traditional negligence claims because traditional negligence laws only require protection from known hazards and dangers. The Safe Place Law goes much further than that, requiring owners to do everything possible to protect anyone on the premises and adopt reasonable safety practices and procedures.

Proving Liability May Require the Help of a Slip and Fall Attorney

Proving liability is difficult and puts the burden of proof on the victim. Whether you choose to pursue a claim under negligence theories or the Safe Place Law or against a public or private property owners, the personal injury attorneys at Eisenberg Law Offices in Madison, WI are here to help.