CAN I SUE A BUSINESS IF I WAS HURT ON THEIR PROPERTY?
Oct. 12, 2020
According to the National Flooring Safety Institute (NFSI), slip and fall accidents are responsible for about one million emergency room visits annually. Getting injured during your visit to the local grocery store or supermarket can be a painful experience. If you or a loved one were injured on a business's property, you may be entitled to pursue compensation.
The Paul Benson Law Firm is committed to providing experienced legal guidance and strong representation to personal injury and premises liability victims. As an experienced Wisconsin premises liability attorney, I can fight compassionately to protect your rights and help in pursuing fair financial compensation for your injuries and damages. I'm proud to serve clients throughout Janesville, Rock County, and Beloit, Wisconsin. Contact me for a free case evaluation.
What is Premises Liability?
"Premises liability" is a legal term that is often used to describe a situation in which a person becomes injured or hurt in an accident on another person's or business's property due to an unsafe, dangerous, or hazardous condition of the property.
In Wisconsin, victims who are injured or hurt on another person's or business's property are allowed to seek damages. However, you must prove that the casual negligence of the business or property owner caused the accident.
Pursuant to Wisconsin Negligence Law (Stat. 895.045), if a person who has a duty of care to another fails in that duty, the person may be responsible for any resulting injuries.
Types of Premises Liability Claims
Injuries that occur on another’s property may result from:
Slip and fall accidents
Dog bites and other animal attacks
Negligent security leading to assault or injury
Defective and broken stair accidents
Automatic and garage door accidents
Swimming pool accidents
Wet floor accidents
Fire accidents and injuries
Water leaks or flooding
Toxic fumes or chemicals
Such accidents can cause severe injury, or in some cases, even death.
Private Property vs. Public Property Claims
Premises-related injuries can occur on both private and public properties. Private properties include residential apartments and commercial buildings such as the local grocery store, retail stores, restaurants, and supermarkets. Public properties include public schools, theme parks, sidewalks, public playgrounds, parking lots, public libraries, roadways, and other government establishments.
In premises liability lawsuits, there is no difference between private or public property negligence. Just as victims are eligible to seek damages for getting injured on private property, they are also within their rights to pursue fair compensation from the government for premises-related injuries suffered in public places. Whether it's your neighbor, local grocery store, or even a government entity, you are entitled to file claims or seek damages against any negligent property owner.
Modified Comparative Negligence in Wisconsin
Wisconsin uses the modified form of comparative negligence. According to the rule, victims are eligible to recover damages only if they are less than 50 percent at fault for the injury or accident. Nonetheless, the amount of damages you are able to recover will be reduced by the percentage at which you were at fault for the accident. So for example, if you were texting and walking and failed to notice a hazard that you would have seen if you’d been paying attention, it may be determined you were partially at fault. If it was determined that you were 25 percent at-fault and $20,0000 damages were awarded, you would receive $15,000.
How The Paul Benson Law Firm Can Help
Individuals who are hurt on another person's or business's property may be eligible for financial compensation for their injuries, provided their accident was caused by the negligence of the business or property owner. However, proving negligence in such circumstances can be quite complicated. This is why it is important to retain a knowledgeable Wisconsin personal injury attorney for proper guidance and to protect your rights.
At The Paul Benson Law Firm, I have dedicated my career to offering compassionate representation in matters of personal injury, negligent security, slip and falls, and premises liability. As an experienced Wisconsin premises liability attorney, I will attempt to prove that:
The business or property owner was responsible for your safety
The business or property owner owed you a legal duty of care
There was an unsafe or dangerous condition on the business premises
The business or property owner was aware of the unsafe condition on the property, but failed to do anything about it, thus, resulting in the accident
The accident or injury occurred due to the business or property owner's casual negligence
As your legal counsel, I will review your case, carry out a private, detailed investigation, and establish fault and liability. Also, I will determine case-value and help pursue fair financial compensation for your injuries and damages. I will fight passionately to protect your rights and help you negotiate a fair settlement with the insurance company.
Call The Paul Benson Law Firm today to schedule a free one-on-one consultation with a knowledgeable Wisconsin premises liability attorney. I proudly serve clients throughout Janesville, Rock County, and Beloit, Wisconsin.