Milwaukee Slip and Fall Lawyers
According to the Centers for Disease Control and Prevention, slip, trip and fall accidents are one of the most common types of accidents that cause traumatic brain injuries and bone fractures in older adults.
Have you or a loved one suffered a serious injury after slipping and falling on public or private property in Milwaukee? You may be eligible for financial compensation. At the law offices of PKSD, our Milwaukee slip and fall lawyers offer a free review of your claim and charge no upfront fees or costs to handle your case. Our co-founding partner - Jeffrey Pitman - is an award winning Wisconsin lawyer that is a National Board of Trial Advocacy - Civil Trial Advocate and also a past president of the Wisconsin Association for Justice.
Call our experienced team of attorneys today at 877-877-2228 to learn more about your legal options.
Time Limits To File Your Claim
In the state of Wisconsin, there are two different time limits available to slip and fall victims, should they wish to file a damages lawsuit.
In Wisconsin, the statute of limitations for filing a personal injury lawsuit is three years...
The statute of limitations for filing a personal injury lawsuit is three years. This is based on section 893.54 of the Wisconsin Statutes and essentially means that if you have suffered an injury from a slip and fall accident, you have up to three years from the date of the incident to file a personal injury compensation claim.
Should a victim want to file a lawsuit for any property damage that may have occured as a result of the slip, trip or fall, section 893.52 of the Wisconsin Statutes allows victims up to six years to file a lawsuit that claims compensation to replace or repair the damaged item(s).
Taking note of these time limits is important as should you attempt to file after these time periods pass, the defendant (usually the property owner in most instances) will often ask the court to dismiss the case.
Proving Fault in a Slip & Fall Accident
In many instances, property owners are required to maintain their properties using "reasonable care".
However, when validating a slip and fall claim, there are a number of factors that need to be established:
- The owner of the property left the premises in an unsafe condition
- The owner of the property was aware of an existing issue that may cause someone to slip, trip or fall
- The owner of the property should have corrected the issue since most people that were taking "reasonable care" of a property would have identified the problem and then taken the necessary steps to fix it
- The danger is what caused you to fall and suffer an injury
The lawyers at PKSD have many years of experience handing personal injury lawsuits and can review your specific incident in great detail. This attention to detail can help to build a solid argument for your case and may result in obtaining a greater amount of compensation for your claim.
The Responsibilities of Property Owners in Wisconsin
There are a number of different obligations that must be met by property owners in Wisconsin:
Private Property Owners
In Wisconsin, private property owners have different responsibilities if the person is considered a trespasser or non-trespasser.
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A trespasser is defined as an individual that enter's the property of another person without an invitation or consent. In most instances (but not all), a property owner is generally not liable for any injuries that trespassers sustain on their property. However, if the presence of the trespasser becomes known to the property owner, the trespasser is entitled to "due care" by the owner.
A non-trespasser (invitee) is someone that has permission from the property owner to enter the property. An example would be having a guest over for dinner. The property owner is required to render the premises safe using "ordinary care". Ordinary care would be defined as maintaining, managing and constructing the premises to avoid exposing the non-trespasser to a risk of harm.
Public Property Owners
Many slip and fall injuries in Milwaukee occur on public property and when a lawsuit is filed, these claims may involve Wisconsin's "Safe Place" law. This law requires either the owner or employer of the establishment to keep their premises as safe as the conditions allow. This includes any repair work, maintenance or construction that is being performed on the premises.
The "Safe Place" law also separates the types of violations that can be given to building owners:
- Structural Defects - a defect that has been built into the building (an example would be a staircase that does not have a rail)
- Defects Associated With The Structure - a defect usually caused by a lack of maintenance that has created an unsafe condition of the structure
If you are unsure of your rights, contact the Milwaukee attorneys at PKSD today for a free review of your incident.
Common Causes of Slip and Falls
While a slip and fall accident can happen almost anywhere, the chances of having this type of accident often increases when:
- The pavement is wet
- The ground is covered in ice
- There is loose gravel on a walking surface
- There are pot holes in a walking path
- A walkway is dimly lit
- Carpet has bunched on a staircase
- There is litter or other debris on a footpath
- Clothes or other items are on the floor in a retail store
- Spilled liquids have not been cleaned up in a grocery store
In most instances, these incidents fall under a type of law that is known as "Premises Liability". At the law offices of PKSD, our lawyers have many years of experience handling injury claims and a proven record of success.
What To Do After a Slip and Fall Accident
It can often be difficult for injury victims to remember exactly what happened after a slip and fall accident has taken place.
However, there are some important steps that can be taken to help provide as much information about the incident and to ultimately, protect your rights.
- Use your cellphone to take photos of the scene - including what may have caused you to fall
- If possible, take photos of your injuries just after they have happened and also during the recovery phase
- Text or email yourself the contact information of any people that witnessed your accident
- Report the incident to the property owner or manager as soon as possible and take note of that person's name and contact information
- Write down what actually happened as soon as possible. This will ensure that the event from your perspective is recorded as accurately as possible
- Seek medical attention and record the times and dates of any follow up doctor's visits
- Do not wash or dryclean any clothes or items that may contain additional evidence of your fall accident - these items may contain residue from a product that contributed to the incident
- Contact a reputable slip and fall lawyer to learn more about your options and to help protect your rights
Contact Our Milwaukee Slip & Fall Attorneys Today
Having an experienced lawyer by your side is an important part of the recovery process.
At the law offices of PKSD, our entire team are dedicated to helping protect your rights and have a proven track record of success.
For more information and your free case review, call us at 877-877-2228 and let our team help you today.