Many serious injuries that occur each year are the result of slip and fall accidents. Although these incidents can be attributed to a variety of hazards, often, property owner negligence is to blame. When this is the case, victims have a right to pursue compensation for their medical bills and any other losses they incur. However, fault must be proven to hold a property owner financially responsible, which can be difficult without the guidance of a slip and fall lawyer.

What to Know to Successfully Prove a Slip & Fall Claim

Determining Liability 

Property owners have a legal duty to keep their premises free of dangers that have the potential to cause injury, but before damages can be recovered for a slip and fall, liability has to be established. This means proving the property owner acted in an unreasonably negligent manner in regard to maintaining a safe environment and the injuries suffered were a direct result of that negligence. Generally, the victim must show the property owner caused the unsafe condition, they were aware of the danger but didn’t try to fix it, or they should have known about the danger and taken steps to eliminate it.

What Constitutes Reasonable Behavior

For a slip and fall lawyer to prove the property owner’s behavior was unreasonable, they have to demonstrate there wasn’t a consistent effort made to keep the premises hazard-free. The general condition of the property will need to be thoroughly assessed and evidence collected that shows regular maintenance and cleaning did not take place. Other factors to consider are how long the hazard was present, if there was a legitimate reason it existed, and whether a warning sign or barrier could have prevented the victim from falling.

Wisconsin Law on Modified Comparative Fault

Under Wisconsin law, a rule known as modified comparative fault restricts compensation for slip and fall injuries should the victim be found partially to blame for the accident. If the injured party is less than 50% at fault, their damages will simply be reduced, but no award can be received if their portion of fault amounts to 50% or more. 

If you were hurt in a slip and fall accident that you believe was caused by property owner negligence, you need the expertise of a slip and fall lawyer to help establish liability. Our team at Fitzpatrick, Skemp & Associates, LLC offers more than 100 years of combined legal experience and extensive knowledge of Wisconsin personal injury law. We will carefully review the circumstances of your injuries to determine if you have a valid case and fight for you to recover all the damages you’re entitled to. Call (877) 784-1230 to arrange a consultation or visit us online for more information on why our slip and fall lawyers will provide you the most effective representation in La Crosse.