As the National Institute on Aging puts it, a simple accident like tripping on a rug or slipping on a wet floor can change your life, and a fall can break a bone.
Wisconsin’s safe-place statute puts a duty on employers and owners of places of employment and public buildings to keep them safe for employees and visitors. Our Milwaukee personal injury office handles slip and fall claims on a contingency fee, which means you pay no attorney fee unless we recover money for you.
Wisconsin’s Safe-Place Statute
Every employer and every owner of a place of employment or a public building must construct, repair or maintain it so that it is safe (Wis. Stat. 101.11(1)). The duty to provide a safe place covers employees and frequenters, a legal term for visitors such as customers.
A business where people work, such as a store, restaurant or office, can fall under the statute as a place of employment. The statute also applies to community-based residential facilities (Wis. Stat. 101.11(3)).
Recreational property
Wisconsin law limits a property owner’s liability for injuries to a person engaging in a recreational activity on the owner’s property, with some exceptions (Wis. Stat. 895.52(2)(b)). If you were hurt while using land for recreation, tell us how you came to be there so we can check whether an exception applies.
Deadlines, Shared Fault and Public Property
You generally have 3 years to file a lawsuit for injuries from a fall (Wis. Stat. 893.54(1m)(a)). Under Wisconsin’s comparative negligence rule, you can still recover if your negligence was not greater than the property owner’s, but your award is reduced by your share of fault (Wis. Stat. 895.045(1)).
Falls on government property
If you fell on property owned by a city, county or other local government, written notice of the claim generally must be served within 120 days (Wis. Stat. 893.80(1d)(a)). Recovery against a local government is capped at $50,000, with no punitive damages (Wis. Stat. 893.80(3)). Claims against a state officer, employee or agent require a sworn notice served on the attorney general within 120 days, and recovery is capped at $250,000 (Wis. Stat. 893.82).
Snow and ice
Wisconsin law bars claims against a city, village, town or county for injuries caused by an accumulation of snow or ice on a bridge or highway unless the accumulation existed for 3 weeks (Wis. Stat. 893.83). Wisconsin case law has extended the meaning of highways under this rule to include sidewalks (Wis. Stat. 893.83). A fall on ice at a private business or apartment property raises different questions that depend on the facts.
Falls at work
If you fell at work, workers’ compensation is generally the exclusive remedy against your employer (Wis. Stat. 102.03(2)). You may still have a separate claim against another party, such as a property owner other than your employer (Wis. Stat. 102.29(1)(a)). We can help with both (see our Milwaukee workers’ compensation page).
Fall Hazards
Wet and slippery floors
The National Institute on Aging warns against walking on slippery, newly washed floors and advises cleaning up spills immediately and using nonskid mats on surfaces that may get wet.
Icy walkways
Wet or icy surfaces can be very slippery, and the National Institute on Aging recommends treating outdoor walkways with an ice melt product or sand in winter.
Broken stairs and missing handrails
The CDC lists broken or uneven steps as a hazard that makes a fall more likely, and the National Institute on Aging recommends secure handrails on both sides of any stairs.
Loose rugs and carpets
The CDC lists throw rugs that can be tripped over as a fall hazard, and the National Institute on Aging advises making sure carpets are fixed firmly to the floor so they will not slip.
Poor lighting and clutter
The CDC lists clutter that can be tripped over as a fall hazard, and the National Institute on Aging recommends good lighting on stairs and in hallways and keeping electrical cords away from walking paths.
Slip and Fall Injuries and Compensation
According to the CDC, falls can cause broken bones, like wrist, arm, ankle and hip fractures, and head injuries, and falls are the most common cause of traumatic brain injuries for older adults. For older people, a broken bone can be the start of more serious health problems and can lead to long-term disability, according to the National Institute on Aging.
The losses we document in a fall claim can include:
- Emergency care, imaging and surgery
- Physical therapy and future treatment
- Lost wages and lost earning ability
- Help at home or a stay in a rehab facility
- Mobility aids such as a walker or cane
If a fall is fatal, the family generally has 3 years to bring a wrongful death claim (Wis. Stat. 893.54(1m)(b)). Damages for loss of society and companionship in a wrongful death claim are capped at $350,000 for an adult and $500,000 for a minor (Wis. Stat. 895.04(4)).
What to Do After a Fall in Milwaukee
- Get medical care, and tell the provider exactly how you fell
- Report the fall to a manager or property owner and ask for a copy of the report
- Photograph the hazard before it is cleaned up or repaired
- Photograph your shoes, clothing and injuries
- Collect names and numbers from witnesses and employees who responded
- Ask whether cameras covered the area, and tell us quickly so the footage can be requested
- Keep the shoes you wore in a safe place
- Avoid guessing about the cause in written or recorded statements
- Call right away if the fall happened on government property, because of the 120-day notice rule
How 844-SEE-MIKE Helps After a Milwaukee Slip and Fall
When you call 844-SEE-MIKE, you talk with our team about what happened, and there is no cost to find out where you stand. If we take your case, we negotiate with the insurance company on your behalf and gather the records and evidence for your claim.
- Free consultation, available 24/7
- No fee unless we recover money for you
Preguntas frecuentes
Does the safe-place law apply if I fell at a friend’s house?
At private homes and other places outside the safe-place statute, an owner owes lawful visitors ordinary care under the circumstances. You may still have a claim, and we can review the facts with you.
Should I sign the store’s incident report?
You can ask for a copy of any report the store prepares. If you write or sign a statement, keep it short and factual, and avoid guessing about what caused the fall or how badly you are hurt before a doctor has seen you.
What does a slip and fall lawyer cost?
Your consultation with 844-SEE-MIKE is free, and we work on a contingency fee. You pay no attorney fee unless we recover money for you.
If you or someone you love was hurt in Milwaukee, contact 844-SEE-MIKE anytime for a free, no-pressure consultation. You pay nothing unless we recover money for you.
This information is general and is not legal advice. Every case is different, and past results do not guarantee a future outcome.
