Our clients are at the heart of what we do every day. Our priority is always your best interest.
Premises liability accidents (often called property accidents) can happen anywhere, including restaurants, retail stores, office buildings, apartment complexes, hotels, amusement parks, malls and at someone’s private residence. While slip-and-falls are the most common type of property accidents, they are not the only kind: There are also trip-and-falls, falling merchandise, building collapses and a range of additional premises liability claims.
A trip and fall accident is one of the most difficult cases for an accident victim to win. This is particularly true of trip/slip and falls on snow and ice during Wisconsin winters. As a consequence, many experienced trial lawyers are no longer willing to represent people hurt in these kinds of accidents. Our slip and fall accident attorneys judge each trip and fall case on its individual merits.
If we conclude, after a careful and thorough investigation of the facts, that the fall was caused by another person’s negligence, we will agree to proceed with the case.
Negligence in a trip and fall accident is typically proven by showing that the person who owns and/or controls the property where the fall occurred knew, or should have known, of the dangerous condition which caused the fall. If the defendant (usually a landowner) knew of that condition and did nothing to repair it, he can be held accountable for the injuries caused by a fall.
Negligence may also be proven by showing that the defendant would have discovered the dangerous condition which caused the injury if he had been exercising reasonable care, for example by inspecting his property.
Once we decide to take the case, at least one attorney and a paralegal will work with the client. The attorney will write an evaluation and demand for settlement which will be sent to the defendant/insurance company, complete the pretrial preparation, and if necessary, try the case before a jury. Despite all the difficulties presented by these cases, the our slip and fall lawyers have achieved awards of hundreds of thousands of dollars both in settlements and jury verdicts, in cases where the injuries were severe enough to justify those amounts.
If you were injured in a slip-and-fall or any other type of property accident, you may be entitled to compensation. However, there can be many challenges associated with a premises liability case. For example, we must prove that the property owner was aware of the hazard and did nothing to fix it in a timely manner. Or, we must prove that the property owner should have known about the hazard. Additionally, there must be consideration given to where the accident occurred.
The law states that a premise must be as safe as the nature of the premises reasonably permits. This means that a day care facility should logically be a safer environment than a nightclub. Lastly, there is a burden placed on the accident victim to prove that a reasonable person would not have seen the hazard and therefore could not have avoided it.
After your accident, if possible, it is important to make the property owner (or a store employee) aware of the accident. Ask him or her to create an incident report in order to document what has happened. If this is not possible, or did not happen, witness statements can also be a valuable asset to your case.
At the Wisconsin law firm of Peterson, Berk & Cross, S.C., our lawyers have extensive experience in personal injury claims. In fact, our attorneys have been practicing law for more than 150 combined years. We have handled many premises liability cases and understand the challenges, the requirements and the best strategies to obtain success.
We encourage you to contact our law firm in Appleton or Green Bay to discuss your specific case free of charge. Our Appleton slip-and-fall accident lawyers can help you understand your legal options going forward. Call 920-831-0300 or contact us online to schedule a free consultation.
Se habla español | Free consultations
The best way to get answers tailored to your unique case is to contact Peterson, Berk & Cross, S.C., and speak to our experienced personal injury attorneys. Below are the answers to some of the questions we most frequently receive about slip and falls.
A: It depends on where you fell. Property owners have a duty to maintain their premises in a reasonably safe condition. Responsibility may fall on a store, landlord, homeowner, or property management company.
However, if the hazard was obvious or you created it yourself, that could reduce or eliminate the property owner’s liability. Trespassers and other uninvited people may not be able to recover damages, either.
A: Yes—working with an experienced personal injury attorney is key. Even simple-looking cases may have hidden complications, including government immunity or insurance disputes. Legal guidance can protect your recovery and help you avoid mistakes that reduce compensation. Plus, your lawyer can help collect evidence and calculate damages, so you’re more likely to receive a fair settlement.
A: Wisconsin follows comparative fault rules in personal injury cases. This means your compensation may be reduced if you share any responsibility for your fall. The good news is that even if you are partially at fault, you can still pursue a claim. For example, if you were distracted by your phone or not wearing proper footwear, your recovery will decrease by the percentage you are deemed at fault.
Wisconsin also has a three-year limit on most personal injury claims. If you try to file a slip-and-fall claim more than three years after the accident, it will likely be dismissed.
Document the scene as soon as possible. Take photos of whatever caused your fall and the surrounding area. Next, report the accident to the property owner or manager and request a written incident report. Collect contact information for any witnesses.
You should always get medical help, even if your injuries seem minor. Some problems, like internal injuries or concussions, may not appear right away. If your injuries are visible, take photos right after the accident and during the healing process.
Finally, call an experienced attorney at Peterson, Berk & Cross, S.C. to discuss your case as soon as possible.
A: Yes. Claims against private property generally rely on common-law negligence principles and are subject to Wisconsin’s three-year statute of limitations. Claims against government property, such as city sidewalks or parks, are subject to different rules that limit the government’s liability. Government agencies must be notified within 120 days of the accident, and damages are capped, so call us immediately after your accident.
A: Wisconsin law recognizes both economic and non-economic damages. Most people request compensation for medical expenses, lost wages, and pain and suffering. If your fall results in long-term disability or impacts your ability to work, your claim could include future medical costs and lost earning potential.
A: The vast majority of slip and fall claims are resolved out of court. Settlement allows you to recover damages faster and avoid trial. However, settlements require careful review to confirm that the offer fully reflects your losses. You have the right to consult legal counsel before signing any agreement—and you should. A knowledgeable attorney can tell you whether a settlement offer is fair or if they can negotiate for more.
