Summertime in Wisconsin is perfect for enjoying time on the water. Whether you are setting sail on a family-friendly pontoon, fishing boat, or old canoe, a day on the lake just can’t be beaten.

However, there are safety risks involved with boating. Speeding, negligence, drinking, and inexperience are all common causes of boating accidents in Wisconsin. In this post, we want to share a few tips to help you stay safe on the water this summer.

How to Stay Safe While Boating in Wisconsin

  • Wearing a life jacket - According to the U.S. Coast Guard, 80% of boating accident deaths could be avoided by wearing life jackets. When a boating accident occurs, you have limited time to stretch and get your stowed life jackets. Therefore, it is advisable to ensure that you and everyone on board has a life jacket while boating.
  • Avoid drinking alcohol - Alcohol consumption while boating is illegal and endangers the lives of everyone on board. Remember that intoxicated swimmers and passengers are also more likely to drown.
  • Be weather-wise - Whether you are operating a boat during the summer, spring or fall season, always consider carrying a radio and watching out for the weather. Sometimes, wind shifts and choppy water can be telltale signs of a brewing storm. Get to shore as soon as you realize the weather is about to change.
  • Don’t overload the boat - It’s essential to follow your boat’s load limit restrictions. Overloading your boat can make it unstable and surge the risk of swamping or capsizing.
  • Ensure all operators are trained - Human error is a leading cause of boating accidents. Therefore, it is essential to ensure that all operators can effectively navigate and operate the boat. You can do this by ensuring boating operators take a boating safety course that includes reading the weather, boat handling, and navigation.
  • Maintain a safe speed - Like on the road, you can face penalties or fines for overspeeding on the water. Since there are no lanes on water and different water vessels zig-zag everywhere, it can be challenging for speeding boats to avoid collisions. Therefore, it is essential to ensure you excess caution and obey the speed limits.

What Should You Do After a Boating Accident?

After a boating accident, you should ensure that everyone on board is safe. If there are injuries, loss of life, property damage in excess of $2,000 or the total loss of a boat, you are required to report the incident to law enforcement without delay.  

As with other accidents, it is essential to gather evidence immediately. You need to collect police reports, witness testimonies, videos, and photos of the scene. A Milwaukee boating accident attorney will help you gather the evidence you need to establish a strong case against the party at fault.

Contact a Milwaukee Boating Accident Attorney

At Natasha Misra Law, we are ready to help you get the compensation you need to move forward after a boat accident. Contact us today to schedule a consultation and learn more about how we can assist in strengthening your case.

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.

What Is Premises Liability?

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.

What Is Considered A Dangerous Condition?

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:

  • Insufficient lighting
  • Improperly constructed stairwells
  • Wet floors
  • Damaged carpet
  • Poorly designed walkways
  • Improperly maintained equipment
  • Trip hazards

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.

Who Can Sue For Premises Liability?

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.

Is There A Violation Of The Wisconsin Safe Place Statute?

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.

Do You Need A Personal Injury Attorney?

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.

Natasha Misra

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.