Every year, falls send 8 million people to the emergency room. Some of those, especially if they are elderly, will never recover from the fall. Fractures, especially to the hips, are often caused by falls. Medical bills can be catastrophic in some cases.
How Does the Law Determine Who Was at Fault?
Snow and Ice
In Wisconsin, snow and ice are the root cause of many falls, but can be difficult cases. In order to prove that the property owner was legally responsible for a fall caused by snow or ice, there must be photographic evidence and a provable history of not removing snow or ice. However, if the property owner normally removed snow and ice promptly, but on one occasion did not, it would be harder to win. Wisconsin juries tend to allow for one isolated incident of late snow removal.
Hazardous Rental Property
In one case, a toddler was severely injured by a fall from an unscreened second story window. The mother had asked to have the window screened on numerous occasions. In similar cases, the Court ruled that a landlord cannot be held responsible for someone falling out a window. In this case, the judge ruled that the jury could not be told about a city ordinance requiring screens, stating that the purpose of the ordinance was to keep bugs out, not to keep people in. Ultimately, the child’s mother was awarded $1.4 million in a pre-trial settlement.
Should the Property Owner be Held Responsible?
* Did the owner of the property know – or should have known – that the dangerous condition existed before the fall?
* Did the property owner warn the victim about the danger prior to the fall?
* Were the injuries caused by the fall?
Other common causes of slip and fall cases are wet floors or food on floors, stairs that aren’t maintained or without necessary lighting or objects left on walkways. Each case is unique.
Before accepting any offer from an insurance company, discuss the case with an Accident Lawyer in Beaver Dam WI. The law firm of Quincey, Becker, Schuessler, Chase & Devitt S.C. has been holding to high ethical standards and providing experienced and aggressive legal representation since 1902. Click here to contact an Accident Lawyer in Beaver Dam WI about your case. Visits at the hospital or home are available.
