Personal, commercial, and municipal properties can present countless dangers for visitors and customers. Property owners have a duty to maintain reasonably safe premises where people may frequent. However, negligent property maintenance often leads to injuries and can cause fatal accidents that could have been prevented by fixing hazardous issues.
At Studinski Law, LLC, our Wisconsin premises liability lawyers have helped many injured victims pursue justice after an accident on personal or public property. We understand premises liability laws and will fight aggressively to hold negligent property owners accountable for their wrongdoing.
Slip and fall accidents can happen at any time but often involve wet floors at stores or slippery ice on a business’s steps. Proving fault after a slip and fall injury rests on liability. Was the owner, an employee, tenant, or another person responsible for the conditions that caused the incident and injuries?
For example, if an employee notices a leak in the bathroom that causes water to collect on the tile floor but fails to notify their manager (or does nothing to fix or warn customers of the bathroom hazard), they may be liable for your injuries. Other circumstances may involve worn or torn carpet, cluttered walkways, exposed cords, and uneven surfaces.
Regardless of the type of hazard, proving fault depends on who was in charge of property maintenance at the time and whether they knew or should have reasonably known about the problem.
You likely climb multiple types of staircases every day at home, at your workplace, or out shopping and running errands. There are many ways a stairwell can be dangerous, and it could be an issue with the original construction, such as stairs with uneven widths or heights, tilted steps, or staircases that are too steep or lack handrailing. Boxes or debris on the stairs, poor lighting, loose steps or handrailing, or ripped carpet on the steps may also lead to a slip, trip, or fall down the stairs. Injuries from falling down defective stairs may include broken bones, neck, back, and spinal cord injuries, traumatic brain injuries, and even death.
Property owners who use or who are responsible for maintaining the staircase regularly should know the condition and hazards of their stairwell and take reasonable steps to fix the issue or warn newcomers of the potential for injury due to the defect.
Some areas are more prone to criminal activity than others. When that is the case, property owners are expected to take reasonable precautions to ensure the safety of anyone who visits the premises. Owners or managers should securely lock community doors and windows, provide tenants and their visitors with keys or key cards to enter the building, and businesses may need to put bars on the windows. Other essential security measures can include hiring a security guard, providing guest name tags, and installing security cameras.
While the criminal is responsible for the actual crime, the circumstances that lead to the robbery or assault may constitute a premises liability claim for negligent security based on a landowner’s responsibility to provide safe quarters.
Swimming pools are popular throughout Wisconsin, and many private homes and apartment complexes have above or in-ground pools for visitors to enjoy. Unfortunately, many children are injured or killed in swimming pool accidents every year.
In most situations, you need to be invited to visit the pool on private property. The owner is responsible for taking care of and maintaining a reasonably safe area around the pool and must warn people of potential dangers. However, young children who “trespass” on the property can find their way into the pool if it lacks a cover, perimeter fencing, or adult supervision. Their families may pursue a premises liability claim for damages because the owner did not safeguard the pool for small kids.
A lack of safety equipment, poor maintenance, broken or missing ladders and covers, drug and alcohol consumption, lack of warnings, and a failure to follow the necessary precautions or mandated laws can lead to devastating swimming pool accidents.
Wisconsin is home to many amusement parks and attractions with visitors traveling from across the country. From go-carts to bounce houses and rollercoasters, there are activities for the warm and cold months. While visitors should understand the need for certain precautions at a theme park or trampoline park, there’s also an expectation for reasonable protection from dangers.
Slip and falls and other types of theme park accidents may happen due to equipment malfunctions, poor training of staff, negligent maintenance, and other circumstances. Injuries at these destinations range from heart attacks and seizures to broken bones, severe bodily injuries, and drownings.
A premises liability lawyer knows the laws for these claims and can make sure the owner or manager is held accountable for your or your loved one’s injuries. Insurance companies involved in premises liability cases can be challenging to deal with when negotiating a settlement. An experienced attorney will demand that your losses are covered and establish that the responsible party failed to perform their duty to provide a reasonably safe property for visitors and licensees. An attorney can determine who is at fault and confirm that they knew or should have known about the hazard before your accident.
Owners and managers have a duty to ensure their premises are safe for visitors. When they fail to uphold this duty, and visitors are injured, they can – and should – be held accountable for their negligence. Our Wisconsin premises liability lawyers have substantial experience in these complex matters and we are committed to helping the wrongfully injured move forward with their lives.
If you were injured on public or private property due to dangerous premises, contact Studinski Law, LLC online or at (715) 343) 2850 to schedule a free case evaluation. We serve clients in Plover, Marshfield, and throughout the State of Wisconsin.