Slip and Fall – Sidewalk Injury – FAQ
Madison WI Slip and Fall FAQ’s – Sidewalk Injuries
Suffering a slip and fall injury in Madison, Wisconsin happens all too often. Snow and ice can create hazards for you. Here are some FAQ’s to help you determine if you might have a personal injury case. If you still aren’t sure after reading the FAQ’s, contact the Madison law firm, Eisenberg Law Offices, for a free consultation.
Are Residents Liable for Sidewalk Accidents on Their Property?
Madison has a city ordinance that requires residents to clear their sidewalks. However, Wisconsin courts have long held that Wisconsin cities cannot pass liability on to property owners for the cities’ duty to maintain sidewalks. If you sue a property owner, it has to be for more than natural snowfall causing a slip. The property owner has to be negligent and fail to reasonably maintain the premises for you to collect damages. If the sidewalk has other obstructions or dangers that do not come from natural snow and ice, you may be able to sue for your slip and fall injury; Madison WI has legal help available..
Is the City Liable?
In most circumstances, you will not be able to sue the City of Madison, Wisconsin for a slip and fall due to snow and ice. The city has a duty to keep the walkways clear, but there must be at least three weeks of the hazard being there before you can sue.
How Can I Recover?
Liability depends in part on whether snow and ice on a sidewalk are a natural or artificial condition. Natural snow and ice generally do not allow you to recover damages. But if a snowplow blows ice and snow onto a sidewalk, or if a water leak creates ice, this is not a natural accumulation. You then can determine who is at fault and recover damages.
Do You Have Duties?
In Wisconsin, if a danger is open and obvious, you may be barred from recovery for your injury. On a sidewalk, however, you often cannot avoid the danger. If you do not have a way to avoid the snow and ice, and slip and fall despite being careful, you can still recover for your injuries.
Often, you cannot avoid a slip and fall injury; Madison WI offers the experience and legal knowledge of Eisenberg Law Offices to examine your case and help you recover.