Dealing with an injury and seeking compensation can be overwhelming. We have helped many clients recover for their injuries so that they can move on with their lives. To speak with a Wisconsin premises liability lawyer at Studinski Law, LLC, call us today at (715) 343-2850 or use our online form below.

Premises Liability Laws

Wisconsin law allows a person to seek damages from a property owner or manager if they are injured on someone else’s property. However, fault must be proven in these cases, and you cannot recover damages by simply showing that you were injured. Your premises liability attorney can demonstrate that the property owner, occupier, or manager was negligent, and that this negligence caused you specific injuries. Studinski Law, LLC, has experience helping our clients in premises liability actions such as:

Premises liability law cases in Wisconsin are governed by comparative negligence law. This means that the actions and possible negligence of the injured party is considered as well. In many cases, an injured person’s recovery will be reduced by their proportion of responsibility for the accident. For example, if you are awarded $100,000 in your case, but you are found to be responsible for 25 percent of the negligence that caused your injury, you will only recover $75,000. Our premises liability attorneys understand how the courts in Wisconsin apply comparative negligence in premises liability cases, and we can make sure that you receive all the compensation you need in order to move forward with your life.

What Can Studinski Law Do for You?

We know how to hold property owners and managers accountable for failing to provide you with a safe environment.
We understand the law that requires property owners and managers to maintain their property. We can help you prove that they were negligent in their duties.
Home and property insurance companies can be difficult to work with. We will demand that they cover your losses.
Premises Liability Lawyers

Proving Your Premises Liability Claim

The owners of property have a legal duty to maintain their property and ensure that anyone who enters it is protected from unreasonable risks of injury. Every location is unique and poses its own risks. While showing that the owner or manager was negligent in their care, we must also demonstrate that you were using the property in a reasonably normal and responsible way. The law views visitors to property by dividing them into three categories:

  1. Invitees – These are people with the expressed or implied permission to enter the property. You are an invitee when you visit a friend’s home or enter a store. The owner owes an invitee a duty of reasonable care to keep the property reasonably safe.
  2. Licensees – While licensees also have expressed or implied permission to enter a property, they are doing so for their own purposes. This could include someone who gained permission to hunt on someone else’s land or a salesperson visiting someone’s house. Here the owner owes the licensee the duty to warn them about dangerous conditions the owner knows of that the licensee is not likely able to discover on their own.
  3. Trespassers – People who are not authorized to be on a property are usually owed nothing from the landowner. This has exceptions such as when the trespasser is a child. In that case, the owner must exercise reasonable care to avoid a reasonably foreseeable risk of harm to children caused by artificial conditions to the land such as the keeping of a swimming pool.

Your premises liability lawyer will have to show that the owner failed to perform their duty that they owed you. Premises can be dangerous for many reasons such as improper design or construction, lack of reasonable security, or dangerous materials not properly stored and cluttering the property. Studinski Law, LLC, has years of courtroom experience arguing for damages for our injured clients. We have successfully shown that property owners or occupiers were liable for injuries by proving one of the following:

  • The owner caused the injury or dangerous condition.
  • The owner knew about the dangerous condition but did nothing to rectify it.
  • The owner should have known about the dangerous condition, and any reasonable person caring for the property would have discovered and fixed or removed it.

Our Wisconsin Premises Liability Lawyers Can Help You

Dealing with an injury can be a nightmare for you and your family. If you have been injured on another person’s property, you may be entitled to compensation for things such as lost wages or medical bills. The lawyers and insurance providers of a property owner will be ready to fight your pursuit of damages, and you need an experienced Wisconsin premises liability lawyer to help you succeed. Whether you have been injured on state property or private property used for commercial or recreational purposes, our lawyers are here to help you move forward with your life.

With offices in Plover and Marshfield, Studinski Law, LLC serves clients throughout Wisconsin. Whether you live in a large city or a rural town, regardless of the accident or the injuries you suffered, you have the right to be compensated for your losses. Our Wisconsin personal injury attorneys are familiar with the Wisconsin courts in your area, and will fight to tell your story – wherever it needs to be told.

Speak with a Wisconsin Premises Liability Lawyer at Studinski Law Today

Accidents come at unlikely times, in unlikely places. If you’re injured, protect your rights and review all your options with a skilled and experienced lawyer.

Contact Studinski Law, LLC at (715) 343-2850 or send us a message.

Negligence describes a party’s failure to exercise the appropriate and/or ethical care expected to be exercised in a specific circumstance. The three elements for a cause of action for negligence include:


  • The defendant owed a legal duty to the plaintiff
  • The defendant breached that duty
  • The defendant’s breach of duty caused injury to the plaintiff


Premises liability law governs situations in which individuals are injured by an unsafe or defective condition on someone’s property. Premises liability is a form of negligence, as the property owner has failed to follow the correct protocol to ensure his or her property is safe.

Just because you were hurt on someone else’s property, it doesn’t necessarily mean that you have a valid premises liability claim. The owners or occupiers of private or commercial properties have a legal duty to maintain the property and ensure that people – whether customers, shoppers, tenants, or other valid visitors – are protected from unreasonable risk of injury. Visitors should not suffer harm because of a dangerous condition that is not rectified in a timely manner or because of a design or construction defect.


Premises liability claims can be very complex and require the knowledge of an experienced attorney. If you believe – or even suspect – that you may have a valid claim, you should contact a lawyer immediately to discuss your case. Your initial consultation should be free of cost and obligation, so you risk nothing. A lawyer will listen to your side of the story, assess the merits of your case, and explain your rights and legal options.

If you fell in a shop, retail store, or other property, it’s important to take steps to protect your health and legal rights. Your first priority should be your health, so seek medical attention immediately. This will not only improve your chances for recovery, but will document your injury. If possible, take pictures of the accident scene to document conditions such as a wet floor, crumbling concrete, or inadequate lighting. Obtain the contact information of any witnesses who may be able to testify about your fall and the conditions that caused it. Inform the property owner of your injury.


Once you have taken these steps, contact a premises liability attorney to discuss your case for free. Do not make a statement to any insurance company until you have spoken with a lawyer. An attorney will ensure that you don’t make a statement or error that could hurt your claim or limit the amount of damages to which you are entitled. A lawyer will negotiate with the insurance company for a fair settlement on your behalf and represent you in court if a just outcome cannot be negotiated.

Like other premises liability cases, slip and fall accidents are subject to a defined amount of time to take legal action, known as a statute of limitations. Under Wisconsin law, most slip and fall victims have three years from the time of their injury to file a claim. That time is shortened for slip and fall accidents that occur on government property, for which accident victims have only 120 days to submit notice of an intent to sue.


However, slip and fall victims who are under the age of 18 at the time of the accident, and whose parents or guardians failed to file a lawsuit on their behalf, normally have two years after their 18th birthday to take legal action so long as it does not extend the statute of limitations beyond five years.

Because no two slip and fall accidents are exactly the same, the severity and impact of fall-related injuries vary from person to person. While the value of premises liability claims differ widely, the potential damages victims can seek in a personal injury claim can involve similar elements, such as:


  • Past and future medical expenses
  • Lost income if you have been unable to return to work
  • Loss of future earning capacity if you can never return to the same line of work
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life


While economic damages (such as medical bills and lost wages) have specific dollar values, non-economic damages involve the emotional and psychological losses you incur. As such, non-economic damages are harder to assess without the skill and guidance of an experienced attorney.


In addition to the types of damages available, other factors can affect your potential settlement, such as:


  • The level of duty of care the property owner owed you
  • The severity of your injuries
  • Whether you were at fault for the accident in any way
  • The amount of insurance the liable party carries
  • Your age and overall health, particularly when calculating lost income and loss of future earning capacity


Your own level of patience can also affect the settlement you receive. Many slip and fall victims are eager to accept whatever settlement an insurance company offers to cover their short-term losses. An attorney will look out for your best interest and pursue compensation that reflects the full value of your current and future damages.

It is in your best interest to speak to a lawyer as soon as possible after any premises liability accident that causes you serious injury or results in the death of a loved one. Slip and fall accidents are no exception.


The property owner or manager may be clearly at fault for the accident. However, this will not stop the insurance company from aggressively disputing your claim.


The slip and fall lawyers at Studinski Law, LLC are committed to holding negligent property owners and insurance companies accountable for acts of wrongdoing and negligence. By handling every aspect of your case, our lawyers can:


  • Investigate the slip and fall to determine its cause and who is responsible
  • Gather evidence such as witness statements, surveillance camera footage (if available), etc.
  • Evaluate the severity of your injuries and the impact they have on your life; we will examine your medical records and consult with your doctors and other experts to understand the long-term impact of your injury.
  • Determine the value of your slip and fall claim
  • Handle all communications with the insurance company on your behalf
  • Negotiate a fair settlement of your claim
  • File a lawsuit (if necessary)
  • Prepare and present your case at trial
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