When it comes to personal injury, traffic accidents seem to get the spotlight. However, many accidents occur off the street as well. When property owners fail to reasonably maintain their property and allow dangerous conditions to exist, serious injuries can result. Natasha Misra Law represents victims of slip and fall accidents that involve issues of premises liability.
What is premises liability? In simple terms, if you have been injured in a slip and fall accident or a trip and fall accident caused by a dangerous condition on someone else’s property, then the property owner or occupier may be held responsible for your injuries and losses.
Property owners and people who occupy property have a legal duty to keep their premises in a safe condition and ensure that whoever enters the property is protected from an unreasonable risk of injury.
To prove your slip and fall claim, you must be able to show that the owner or occupier of the property failed to keep the premises in safe condition. In addition, the court will look to your own actions and whether you were on the property legally. The court will also determine whether or not you were exercising reasonable care for your own safety.
A successful slip and fall case will show that the accident was caused by an unsafe condition on the property. Dangerous conditions that create an unreasonable risk of harm, and lead to possible premises liability claims, include:
But just because there was a slip and fall accident caused by one of these conditions does not always mean that the property owner or occupier can be held responsible. The following is often considered in determining whether the owner or occupier of the property can be held responsible for your injuries:
1. Whether the dangerous condition was caused by the owner or occupier of the property,
2. Whether the owner or occupier knew about the dangerous condition but did not fix it, or
3. Whether the owner or occupier should have known about the dangerous condition because a reasonable person maintaining the property would have discovered the dangerous condition and repaired it.
In addition to establishing that a dangerous condition existed, you would also need to prove that you were legally permitted to be on the property at the time of the accident.
Typically, visitors are categorized as either an invitee, a licensee or a trespasser. Invitees are visitors that are invited to the property, such as a general store customer. A licensee is a visitor that enters onto the property for their own purposes, but with the property owner’s consent. Trespassers, on the other hand, do not have consent to be on the property and are not owed the same level of care as invitees and licensees.
If you are in a grocery store during normal operating hours, for example, then you are considered an invitee. As an invitee, the grocery store owes you a duty of care to keep the premises clear of dangerous conditions.
In addition to a negligence claim for your slip and fall, you may also have a claim alleging that the owner of the building or employer violated Wisconsin’s Safe Place Statute. This law covers places of employment and public buildings, and applies to employees and people who frequently visit those locations. The Safe Place Statute holds employers, owners of public buildings, owners of places of employment, and builders responsible for constructing, maintaining and repairing the premises so that it is free of dangerous conditions.
Cases where the Safe Place Statute applies are often easier to prove, as the law holds an employer or the owner of a place of work to a higher standard of care. An experienced personal injury attorney can help you determine if the Wisconsin Safe Place Statute applies to your slip and fall case.
If you have been injured as the result of a dangerous condition on someone else’s property, you should consult with a Milwaukee personal injury attorney today. Slip and fall cases are almost never straightforward and can involve a number of complex premises liability issues. In addition, property owners and occupiers responsible for your injuries will attempt to limit the compensation owed to you. An experienced Milwaukee slip and fall attorney can help you get the compensation you deserve.
Call our office at (414) 635-2858 for a free consultation and speak with a Milwaukee personal injury attorney today.
If you have been in a car accident, it is important to seek medical treatment as soon as possible to identify and treat all car accident related injuries. Some car accident injuries are obvious, like a broken bones, cuts and bruises. Others may not be so obvious, such a soft tissue injuries and brain damage.
The following have been identified as the most common car accident injuries.
The most common injuries sustained in a car accident are soft tissue injuries. In a car accident, connective tissue such as tendons, ligaments and muscles may be damaged by the force of impact.
When filing an insurance claim, these types of injuries are often difficult to prove. Succeeding on a personal injury claim involving soft tissue injuries may hinge on a medical examination.
If you have sustained soft a tissue injury related to a car accident, it is imperative you should seek immediate medical attention for a diagnosis.
Other common injuries suffered in auto accidents include cuts and lacerations. These injuries may be caused by loose objects in the car, such as books, cell phones, sunglasses and coffee mugs. These loose items may become airborne, creating a hazard of injury. Glass may also break, metal may be bent and sharp edges may become exposed during a car accident.
Cuts and lacerations are often treated with stitches or surgery. Minor cuts and lacerations may heal over time, but more severe cuts can lead to long-term health complications, permanent disfigurement and painful scarring.
Documenting these injuries following a car accident can help you prevail on your personal injury claim. In addition to seeking medical treatment, you may want to photograph your injuries following the accident.
Broken bones are another common form of injury to follow car accidents involving high-speed collisions. Impact with the interior components of like the steering wheel, dashboard and even an airbag can lead to broken wrists, arms, legs and ribs.
Like major cuts and lacerations, broken bones will require medical treatment. Broken bones are often treated with casts or surgey, depending on the severity of the break. Injuries involving broken bones may take months to heal in addition to years of physical therapy. in the most serious cases, broken bones can cause long-term damage and affect your quality of life.
When making an insurance claim for an auto accident, you will need to take into account any ongoing medical expenses related to broken bones. For example, your injuries may require ongoing surgery or physical therapy.
Head injuries caused by a car accident may be more difficult to self-diagnose, which is why seeking a proper medical evaluation immediately following an accident is so important. Head injuries can range from a concussion to traumatic brain injury, and can significantly impact your quality of life.
Some injuries may not be visible following a car accident. For example, internal bleeding and damage to organs may occur in car accidents. Such injuries require immediate medical attention and treatment.
Injury to the spine, neck and back are other common car accident injuries, the most common being whiplash.
Whiplash, which is a form of soft tissue injury, occurs when connective tissue in the back is stretched due to sudden rapid movement.
In the worst of cases, spine, neck and back injuries may also lead to paralysis or even death. Those suffering from pain in their spine, neck or back after a car accident should consult a doctor for a proper diagnosis.
If you are injured in a car accident, you should seek immediate medical attention for diagnosis and treatment. If you have been injured in a car accident in Wisconsin, you should also seek the advice of a Milwaukee car accident lawyer. Call Milwaukee personal injury attorney Natasha Misra at 1-800-989-6385 for a free case consultation.
My law practice is dedicated to helping people who have suffered injuries in accidents which were not their fault. Born and raised in Milwaukee, I come from a family of medical professionals. My background and experience help me understand and represent individuals injured in accidents.