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A broken step, a dark parking lot, and a floor that was never mopped can turn an ordinary errand into a life-changing injury. When a property owner’s failure to maintain safe conditions puts you in the hospital, you shouldn’t have to shoulder the financial consequences alone.
Pemberton Personal Injury Law Firm helps injured people across Wisconsin hold negligent property owners accountable. As a Wisconsin personal injury law firm, our team has a deep understanding of how premises liability law works in this state, what insurance companies look for, and how to build a strong case. If you were hurt in a slip and fall, an inadequate security incident, or another dangerous property situation, our Wisconsin premises liability lawyers are here to help.
Premises liability refers to the legal responsibility property owners have when someone is injured due to unsafe conditions on their property. Wisconsin law requires property owners to exercise reasonable care in maintaining safe conditions for people lawfully on their property. When they fail to do so, injured visitors may have the right to pursue a claim.
This area of law covers a wide range of situations, from wet floors in retail stores to broken stairways in apartment buildings to poorly lit parking garages. The key question in any premises liability case is whether the property owner knew or should have known about the hazard and failed to act. If the answer is yes, the owner may be held liable for the resulting injuries.
Premises liability claims can arise on many types of properties in Wisconsin. Understanding which category applies to your situation can help clarify what duty of care the property owner owed you.
Some of the most common property types involved in these cases include:
The type of property and the reason you were on it can both affect how Wisconsin law applies to your claim. Our team evaluates these factors as part of every case we take on.
Dangerous conditions can develop on any property at any time. Slip-and-fall accidents are among the most frequent causes of premises liability claims. Wet floors, icy sidewalks, uneven surfaces, and torn carpeting all pose a serious risk of injury to visitors. According to the CDC’s National Institute for Occupational Safety and Health, falls are a leading cause of preventable injuries in the United States, and many of these incidents are directly tied to conditions that property owners could have corrected.
Negligent security is another significant source of claims. When property owners fail to install adequate lighting, working locks, or security cameras, visitors can become victims of crimes that might have been prevented. Apartment complexes, hotels, and parking structures carry a particular responsibility to assess the security risks on their property and respond accordingly.
Structural hazards round out the most common causes. Failing to repair staircases, broken handrails, faulty elevators, or deteriorating walkways can lead to serious injuries. In many of these cases, the property owner was aware of the problem and chose to delay repairs.
Dog bites may also form the basis of a premises liability claim in Wisconsin, particularly when a dog owner knew of their animal’s dangerous tendencies and failed to take reasonable precautions.
Some property owners in Wisconsin have a higher duty of care. Under Wis. Stat. § 101.11, employers and owners of places of employment and public buildings must keep those places as safe as their nature reasonably permits. This can apply to stores, offices, restaurants, and other spaces open to the public.
The statute protects employees and frequenters, which generally means anyone on the property who is not a trespasser. Whether it applies to your claim depends on the type of property, who controls it, and why you were there. For example, an apartment owner’s duty under this statute generally applies to common areas like stairwells and entryways.
Wisconsin follows a modified comparative negligence rule under Wis. Stat. § 895.045. In general, you may still recover compensation if your share of fault is not greater than the share of the person you are seeking recovery from. Any compensation is reduced by your percentage of fault. Because fault is compared with each defendant separately, how blame is divided can affect your claim.
Insurance companies often rely on this rule. They may argue that you should have seen the hazard, were wearing the wrong shoes, or were not paying attention. Our team works to show what actually caused the accident and who was responsible for it.
Timing matters in these cases. Typically, a lawsuit must be filed within three years from the date of the injury, and this time period generally applies to premises liability claims under Wisconsin law. However, there are important exceptions and nuances that can affect the applicable deadline. Claims involving government-owned property, for example, have different notice requirements and shorter filing windows.
Do not assume you have time to wait. Evidence disappears, witnesses forget details, and surveillance footage gets overwritten. Reaching out to a Wisconsin personal injury lawyer as soon as possible after an injury gives your case the best chance at success.
The steps you take right away can affect both your health and your claim. If you were injured on someone else’s property, here is what to do.
These steps can help protect your claim while you focus on getting better. A lawyer can explain what to do next based on the details of your situation.
When you hire our firm, you are working with a team that brings courtroom experience and insurance industry knowledge to your case. Our attorneys previously worked on the insurance defense side, so we understand how insurers evaluate claims and the arguments they use to minimize payouts. We put that knowledge to work for our clients.
In each premises liability case, we look at how the injury happened, who controlled the property, and whether the owner knew or should have known about the hazard. Our attorneys have earned recognition from Super Lawyers for their work on behalf of injured Wisconsin residents. We operate on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. That commitment is part of what we call The Pemberton Promise, our pledge to stand by every client from the first call to the final resolution.
If you were hurt on someone else’s property, you deserve to know your options under Wisconsin premises liability law. Our team handles premises liability cases throughout Wisconsin, including in Madison, Eau Claire, Baraboo, Sun Prairie, and Waunakee. We review each case individually and bring the same level of dedication to every client we serve.
Do not let the insurance company decide what your case is worth. Contact our firm today through our free case evaluation form to speak with a member of our team and take the first step toward protecting your rights.
Here are answers to common questions about premises liability claims in Wisconsin.
With four offices across the state, we're never far from where you need us.
Insurance companies have extensive resources and experience protecting their profits. They may deny valid claims, undervalue injuries, or pressure people into accepting less than they deserve. They know how to protect their interests.
At Pemberton Personal Injury Law Firm, we understand the strategies insurance companies use to minimize claims, and we are prepared to challenge them. We carefully investigate each case, calculate the complete impact of our client’s injuries, and pursue the compensation available under the law.
When insurance adjusters see Pemberton involved, they know they are facing a legal team that will come prepared, stand firm, and fight for its clients.
You didn’t ask to be injured or forced into a dispute with a powerful insurance company. You deserve a legal team that will listen to you, explain your options, and stand beside you throughout the process.
We do not back down when an insurance company refuses to treat our clients fairly. Every client receives determined advocacy, compassionate support, and the preparation their case deserves.
Every case is different, and past results do not guarantee a similar outcome.
Life following a serious injury can bring intense emotions and pain. Accident victims often hope to get their lives back on track, only to be held back by the demands involved with personal injury claims. This is especially the case for individuals who become hospitalized. Wherever you are in the process, we’d be glad to help.
Our injury lawyers in Wisconsin step up to represent you. At Pemberton, we provide this advocacy at every step in the injury claims process so you can be on your way to feeling like yourself again.
Contact our Wisconsin personal injury attorneys at (608) 448-6242 to speak with one of our experienced attorneys. We will create a plan together to help you protect your rights and get you back to your life.
$40M+ Won For Our Clients
The client suffered multiple facial lacerations—including scratches to the right eyelid and below the eyes—a red mark on the nose, and swelling and bruising to the eyelids. After incurring $21,663.78 in medical treatment, our firm secured a $400,000 settlement to compensate the client for medical expenses, pain and suffering, and the potential for lasting cosmetic and emotional harm.
In this slip and fall case, the client suffered a broken and dislocated ankle requiring open surgery to repair the break, torn ligaments, and damaged ankle joint. The injury required multiple surgical procedures including metal hardware placement and removal of loose bone fragments from the joint. With medical bills exceeding $104,000, we secured a $345,000 settlement—more than triple the medical expenses—compensating the client for the severe injury, extensive surgical intervention, and the profound impact the accident had on his business and livelihood.
The client suffered a fractured femur near the hip after a serious fall. We secured a $200,000 settlement to compensate for the client’s injuries. Although no lien reduction was possible, the result provided substantial financial recovery for the client.
Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
In this car accident case, the client suffered catastrophic injuries in a head-on collision when the at-fault driver crossed the center line. Her injuries included multiple broken bones in the chest, ribs, wrist, and ankle, internal injuries requiring intestinal surgery, and a damaged artery in the spine. With medical expenses exceeding $4,000, we secured the at-fault driver’s full insurance coverage and pursued an additional $1,000,000 from the client’s own insurance policy. We also negotiated a reduction of more than $468,000 in outstanding medical costs to ensure the client received maximum financial recovery for her life-altering injuries and permanent impact on her ability to work.
The client’s loved one suffered a fatal injury in an auto collision that resulted in over $382,000 in medical bills. Acting as the family’s second attorney, we navigated difficult policy-limit issues and secured a $1,000,000 settlement. While the case had greater overall value and the family would have liked a higher recovery, they chose to settle to avoid prolonged litigation and move forward.
“Focus on healing and we will take care of everything on the legal side”
“If you ever need an attorney, he would be the first one I recommend”
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Tell us where to send it. Enter your name and email and we’ll deliver your free download right away.
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By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.
Tell us where to send it. Enter your name and email and we’ll deliver your free download right away.
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By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.
Tell us where to send it. Enter your name and email and we’ll deliver your free download right away.
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By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.
Tell us where to send it. Enter your name and email and we’ll deliver your free download right away.
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By submitting, you agree to be contacted by our team about your download and how we can help. We’ll never share your information. Submitting this form does not create an attorney-client relationship.
