Wausau Slip & Fall Attorneys

Slip and fall accidents can cause serious injuries and leave you with more losses and expenses than you may expect. Commercial and residential property owners have a responsibility to prevent accidents like these, and when they are negligent, they can be held liable. The slip and fall lawyers at Bye, Goff & Rohde can represent you and argue your case so you can receive compensation from at-fault parties.

Our lawyers will track down evidence to demonstrate that property owners did not take appropriate steps to prevent a slip and fall accident. Our team protects your rights and helps you get the results you need after an accident. For a free consultation with our Wausau slip and fall attorneys, call (715) 425-8161 or contact Bye, Goff & Rohde online.

Understanding Slip and Fall Claims in Wausau

Slip and fall accidents occur when guests fall on another party’s property. Slips, trips, and falls are the second leading cause of accidental deaths according to the National Safety Council (NSC); they are the leading cause of fatal injuries among the elderly according to the Centers for Disease Control and Prevention (CDC).

When a slip, trip, and fall accident is caused by the property owner not addressing the hazard, you may be able to hire a slip and fall lawyer and file a lawsuit.

These accidents can happen on any type of property and leave you with significant injuries and a lot of questions. Our team can walk you through what you need to know about a slip and fall case so you can protect your rights, have a strong case, and get results.

Common Causes of Slip-and-Fall Accidents

Wet floors are not the only condition that can cause a slip and fall accident. Slip, trip, and fall accidents can also be caused by:

Uneven surfaces
Torn carpeting or rugs
Poor lighting
Damaged stairs
Broken or missing handrails
Ice or melted snow

Conditions that cause slip and fall accidents are preventable, and when they are the result of negligence, you may have the right to file a slip and fall claim.

Who Can Be Held Liable for a Fall Injury?

Determining who can be held liable for a fall injury can be complicated. First, property owners owe different types of guests different duties of care. For example, guests who are invitees for shared business purposes are owed a high level of care, while those classified as licensees who are on the property for a very specific purpose may be owed a lesser level of care. Trespassers are generally not owed a duty of care since they have no right to be on the property.

Additionally, the cause of the accident can provide insight into which party may be liable, as there may be more than one. A Wausau premises liability lawyer can investigate which party acted negligently so you can file your claim against the right person. Below is a closer look at potentially liable parties in your slip and fall case.

Property Owners

Property owners are responsible for managing the condition of the property as a whole. This includes making sure outside surfaces like parking lots and sidewalks, and structural surfaces like stairs, are properly maintained, along with other aspects of the property. If owners fail to fix hazards such as damaged stairs or potholes, for example, then they could be at fault for your accident.

Businesses

Businesses can be liable for your injuries if they failed to prevent or remedy slippery floors, damaged flooring, poorly lit areas, and more. Areas under their direct control should be regularly maintained and monitored for unsafe conditions. If a business does not fix or put out a sign warning of danger, then you may be able to file your claim against them.

Landlords

Landlords can be liable for your slip and fall injuries if they neglected to maintain their property. If it was within their purview to fix, then they could be at fault for not taking steps to provide sufficient warnings or remedies. Residential and commercial landlords could be held accountable depending on the circumstances involved in the case.

Maintenance Personnel

You may be able to file your claim against maintenance personnel if they did not maintain the premises, or they failed to satisfactorily fix a dangerous surface. Maintenance records can be helpful for connecting this party to your injuries, especially if the cause of the accident was a feature that required regular maintenance.

How to Prove Negligence in a Wisconsin Slip and Fall Case

Property owners want to avoid taking responsibility at all costs. This means that they are likely to use defenses that claim the contributing hazard was avoidable and obvious to all reasonable persons, they lacked knowledge of a potential hazard, or that you were being careless or reckless.

To fight these defenses and demonstrate the property owner’s negligence as a fact, our Wausau slip and fall lawyers must clearly establish liability in the case. This involves showing that:

The property owner had a duty to prevent hazards by ensuring that surfaces throughout the property were safe and free from hazards
The property owner breached their duty when they failed to fix or provide notice of a condition that posed a hazard to guests on the property
The property owner caused the accident and the injuries you suffered because they failed to remedy a known hazard, or one they should have reasonably known about

Once we can connect a property owner to the injuries you suffered in a slip and fall accident, we can move forward with securing damages from them to help cover what you have lost. We negotiate until a satisfactory agreement can be reached about the value of your settlement. If property owners fail to cooperate, we are prepared to take your case to court to help you secure a favorable outcome.

Key Evidence That Strengthens Your Claim

Since establishing negligence is such an important part of your case, having evidence to reinforce your Wisconsin slip and fall claim is important for a successful outcome. To show the property owner’s role in the accident and avoid absorbing responsibility for the accident, start by filing a police report to officially document the accident. Take photos of your injuries and the hazard that caused the accident. Witness information can be beneficial for corroborating events. All of your medical records should also be maintained.

When taking on your case, our slip and fall attorneys can help you gather other forms of evidence. We can request video surveillance footage, maintenance records for commercial properties, prior incident reports, secure expert testimonies, and more. Documentation like this can make it harder for property owners to evade responsibility.

What Compensation Can Cover in a Slip and Fall Claim

If you have suffered a slip and fall accident, you have also likely sustained several expensive losses. The cost of care and lost income can have repercussions long after your injuries heal if you do not have the resources you need to handle the various costs you are up against. Managing residual effects of injuries can also be costly. A Wausau slip and fall attorney takes these and other considerations into account when calculating how much your case may be worth. A settlement may include:

Medical bills and the cost of future care
Lost wages
Damage to personal belongings
Funeral and burial expenses if death occurs
Pain and suffering
Emotional trauma
Diminished quality of life
Loss of consortium

Compensation is calculated by determining the extent and severity of your losses and determining their financial value. Monetary losses are often the easiest to calculate, whereas intangible losses are calculated using either a multiplier or a per diem formula. Other variables may be factored in, so talk to our team and let us help ensure you are being fairly compensated.

Wisconsin Deadlines and Fault Rules That Can Affect Your Recovery

Below are key filing deadlines in the state of Wisconsin and partial liability rules, both of which can impact your slip and fall case.

Three-Year Statute of Limitations for Slip and Fall Claims

There is a limited amount of time to file your slip and fall claim against the property owner who caused your injury. This means that you need to avoid delays and act quickly. Wisconsin requires that all claims be filed within three years of the date of injury, per Wisconsin Statute § 893.54. Despite this seemingly large window of time, slip and fall cases can take time. Time to gather evidence, build a case, establish liability, resolve complications, negotiate, and even go to trial if necessary.

If the time limit expires before you settle your claim, you could have to pay for your losses yourself. Additionally, the outcome of your case could also be affected by fading memories and deteriorating evidence if you wait too long, which could limit your recovery options and sum. It’s best to speak with a Wausau slip, trip, and fall attorney as soon as possible after your accident.

Partial Fault and Modified Comparative Negligence

The amount of compensation you may be able to recover can also be impacted by shared fault. Wisconsin uses modified comparative negligence to determine how fault and potential damages are distributed. According to Wisconsin Statute § 895.045, parties who are 1-50% at fault for an accident can recover compensation proportionately reduced by their fault percentage. Those 51% and above are prohibited from compensation.

You do not have to hold much fault to lose a considerable amount of compensation. For example, if your case is worth $100,000 and you were 10% at fault for the accident, that is a $10,000 loss in damages. To avoid losing valuable compensation, consult an experienced lawyer who can help you navigate these challenges.

Contact Our Slip and Fall Lawyers in Wausau, WI

From the start of your case to the end, Bye, Goff & Rohde provide you with skilled representation, trusted counsel, and exceptional service. The success of your case is our top priority, and we make sure you have an ally to help you get justice. For a free consultation with our Wausau slip and fall lawyers, call (715) 425-8161 or contact Bye, Goff & Rohde online.

Frequently Asked Questions About Slip, Trip, and Fall Accidents

How much is the average slip-and-fall settlement in Wisconsin, and what factors change the value?

Every case is different, and there is no one-size-fits-all settlement for slip and fall settlements. While the scope of your losses and partial fault can affect how much you receive, insurance policy limits and tactics from how insurance companies handle slip and fall claims can also influence the value of your Wisconsin slip and fall claim.

Can I still file a claim if there were no witnesses or the business “lost” the incident report/video?

Witness statements, reports, and surveillance footage are important forms of evidence that can strengthen your claim. Since the burden is on you to demonstrate negligence, not having these forms of evidence can make resolving your claim more difficult, but not impossible. A Wausau premises liability lawyer can help you gather other forms of evidence to reinforce your case.

What if the fall happened on a sidewalk/parking lot during winter? Does that change liability?

Slip and fall accidents on a sidewalk or in a parking lot during winter are much more nuanced. Guests should use caution where inherent seasonal dangers are concerned. As such, a property owner may not necessarily be at fault unless they failed to mitigate dangers in a reasonable amount of time and did not create more of a hazard by doing so. Talk to a Wausau premises liability lawyer about how to proceed.

Do I have a case if I didn’t report the fall immediately or didn’t go to the doctor the same day?

Medical attention and reporting the accident as soon as possible are important for your safety and the outcome of your case. Failing to take these steps right away does not disqualify you from legal action, but you may face more pushback from the insurance company and risk a denied claim because of these delays. Take action and contact a Wausau slip and fall attorney immediately following your accident.