Premises Liability: Are We Accepting the Risk of a Fall by Living Where We Do?

Ah … winters in Wisconsin.

This means slippery sidewalks and parking lots.

As the winter hits our area we start to receive calls from people with premises liability or ‘slip-and-fall’ claims.

Be warned though. Only a handful of those claims are worthy of a lawsuit. Slip-and-fall cases have to meet certain thresholds to be successful.

One barrier to liability in these cases is the fact that we live in Wisconsin. Our jurors are from here. For most of us, the slippery nature of winter is … well … just part of life.  Jurors in Wisconsin understand that it is not reasonable to expect that property owners can keep things in perfect shape.  Jurors tend to allow an isolated mistake during winter. A jury may consider a land owner at fault if the claimant can show a pattern of negligence. If a pattern of neglect can be established, then the property owner may be held liable by a jury.

Insurance companies know all of this too. Knowing what they do, they are very hard-nosed when it comes to admitting liability for slip-and-fall injuries. They often take the claimant through litigation rather than settling these cases.

No need to lose heart though. Not all premises liability or slip-and-fall cases are duds. Yours could be the exception. For instance, a property owner can be held liable if there is an unnatural accumulation of ice or snow. That is, a man-made problem. As mentioned above, proof of a history of poor snow and ice removal at the location can be used to get a foothold for liability too. Sometimes proof that the property owner has not taken the necessary steps to remove ice and snow in a reasonable amount of time can make a real difference.

As with so many things, these cases are complicated. It is very important to have your case evaluated by an attorney. An attorney can tell you what your rights are when you do sustain an injury due to a slip and fall on snow and ice. If your case has merit, that same attorney can then help you to push back against the assumption that we are all accepting a risk of a fall by living where we do.