Best Premises Liability Lawyers in Wisconsin

About Premises Liability Law in Wisconsin, United States

Premises liability is a legal concept that deals with injuries caused by dangerous or defective conditions on someone else's property. In Wisconsin, property owners and occupiers have a duty to keep their premises reasonably safe for people who enter lawfully. If a person is injured on another's property because hazards were not addressed or warnings were not provided, the property owner may be held responsible for resulting damages. Common premises liability claims involve slip and falls, unsafe structures, inadequate security, or dog bites.

Why You May Need a Lawyer

You may need a premises liability lawyer if you have suffered an injury on someone else's property and believe negligence was involved. Common situations include slipping on icy walkways, tripping over unmarked hazards, being injured by falling objects in stores, or being a victim of a crime due to inadequate security. A lawyer can help determine if you have a valid claim, calculate the damages you may be entitled to, and guide you through negotiations or court proceedings. Property owners and insurance companies often challenge these claims, making legal guidance crucial for fair compensation.

Local Laws Overview

Wisconsin premises liability law is governed primarily by state statutes and court decisions. The state follows a modified comparative negligence rule, meaning that an injured person can recover damages only if they are not more than 50 percent at fault for their own injuries. Wisconsin law also distinguishes between invitees (guests or customers), licensees (social guests), and trespassers when determining the owner's duty of care. Generally, property owners owe the highest duty to invitees, a moderate duty to licensees, and a limited duty to trespassers. Additionally, Wisconsin law requires injured persons to prove that the owner knew or should have known about the dangerous condition and failed to address it.

Frequently Asked Questions

What is considered a premises liability claim in Wisconsin?

A premises liability claim arises when someone is injured on another person's property due to hazardous conditions that the property owner was aware of or should have been aware of but did not fix or warn about.

Who can be held responsible in a premises liability case?

Responsibility can fall on property owners, tenants, property managers, businesses, or anyone with control over the property where the injury occurred.

Does it matter if I was partially at fault for my injury?

Yes. Wisconsin uses modified comparative negligence. If you are found to be 51 percent or more at fault, you cannot recover damages. If you are 50 percent or less at fault, your compensation is reduced by your percentage of fault.

What must I prove to win a premises liability case?

You must show that a dangerous condition existed, the property owner knew or should have known about it, they failed to fix it or warn you, and you suffered injuries as a direct result.

Does premises liability cover attacks or assaults on property?

Possibly. If inadequate security or failing to address known risks led to an assault, the property owner may be liable under premises liability.

How long do I have to file a premises liability claim in Wisconsin?

In most cases, Wisconsin law requires you to file within three years from the date of injury. If you miss this deadline, your claim may be barred.

What types of damages can I recover?

You can pursue compensation for medical expenses, lost wages, pain and suffering, rehabilitation costs, and other related losses caused by your injury.

Does homeowners' insurance cover these claims?

Often, yes. Many premises liability claims are paid through the property owner's liability insurance, but the availability and extent of coverage may vary.

Are landlords liable for injuries in rental properties?

Landlords can be held liable if they are responsible for maintaining the area where the injury occurred and failed to properly repair or warn about a hazard.

What should I do immediately after a premises-related injury?

Seek medical attention, document the scene with photos, collect contact information for witnesses, report the incident to the property owner or manager, and consider consulting a lawyer as soon as possible.

Additional Resources

- Wisconsin State Law Library: Offers access to laws and legal information related to personal injury and premises liability - Wisconsin Department of Justice: Provides guidance on crime victim rights, including premises-related incidents - Local courthouse or legal aid offices: For filing claims or obtaining further legal resources - State Bar of Wisconsin: Offers lawyer referral services and educational materials - Local government building departments: For reports or investigations related to property safety codes

Next Steps

If you believe you have a premises liability case, it is important to act quickly. First, ensure your injuries are documented by healthcare professionals. Gather any available evidence, such as photographs, incident reports, and witness statements. Report the incident to the property owner or manager promptly. Consult an experienced Wisconsin premises liability lawyer to review your situation, advise on your rights, and guide you through the claims process. Most attorneys offer free initial consultations, so you can understand your options without further obligation.