Milwaukee Slip and Fall Lawyer
Experienced Slip and Fall Attorneys Serving Milwaukee, WI
A slip and fall accident is an unpleasant occurrence at the best of times. Sustaining serious injuries from the accident takes the unpleasantness to another level. If the accident was caused by the negligence of another person, you may be able to claim some compensation for it.
In this article, we discuss how this may be possible. We also discuss the elements that need to be present for you to have a slip and fall accident claim. Asides these, we discuss how a slip and fall accident lawyer can help you with your claim.
How do I prove liability in a Milwaukee slip and fall accident?
Proving liability in a Milwaukee slip and fall accident can be a bit tricky. This is because it is not enough to say that you slipped and fell. You have to prove that the accident was as a result of the negligence of another person. This means that you have to prove that the defendant knew or should have known of the hazardous condition and did nothing to correct it.
Wisconsin law provides two approaches for filing liability claims in slip and fall accidents. The first approach is to make a claim under the common law theories of negligence. The second approach is to make a claim based on the violation of Wisconsin’s Safe Place law.
Under Wisconsin’s common law theory of negligence, everybody has a legal duty to act with reasonable care towards others. Thus property owners or caretakers have a duty to ensure that their properties and attendant premises are reasonably safe.
Knowing the process of finding negligence in slip and fall cases
To prove negligence under this law, you must first prove that a dangerous condition was present on the premises. Next, you must prove that the owner or caretaker had prior knowledge of the condition. The law allows for knowledge in two ways. The owner could have actual knowledge of the condition in which case he or she must have either created the condition or been informed of it. Alternatively, the owner could have constructive knowledge, in which case the dangerous condition must have existed for so long that the owner should have had knowledge of it.
After this, you must prove that the owner or possessor, despite knowing about the dangerous condition, did take steps to either remove the condition or warn the public about its existence.
Under Wisconsin’s Safe Place law, employers and owners of public buildings have a strict duty to ensure that their properties are as safe as its nature would reasonably permit.
The Wisconsin Safe Place law imposes a higher standard of care than the common law of negligence. It demands that employers and property owners do everything “reasonably necessary to protect the life, health, safety or welfare of such employees and frequenters.”
Proving fault under the Safe Place law is similar to the common negligence law. You must prove that the owner or employer either had actual knowledge or constructive knowledge.
A Milwaukee Slip and Fall Lawyer Can Protect Your Rights
If you or your loved one was involved in a slip and fall accident in Milwaukee, our experienced Milwaukee trial attorneys can help you. We will help you determine whether you have a slip and fall case, what your chances are for compensation, how much compensation you can reasonably expect and lots more. To schedule a free consultation and get legal advice on the particulars of your case, please reach out to us through our contact page.