Get The Justice You Deserve
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Property owners have a legal obligation to maintain safe conditions for visitors, yet injuries on unsafe property happen more often than most people realize. When a hazardous condition on someone else’s property leads to your injury, you may be entitled to compensation for your medical bills, lost wages, and pain.
At Pemberton Personal Injury, we represent Sun Prairie residents who have been injured due to negligent property maintenance. Our experienced team has built a reputation throughout Wisconsin for holding property owners accountable when their carelessness causes harm to others.
Premises liability refers to a property owner’s legal duty to keep their property reasonably safe for visitors. Wis. Stat. § 101.11—commonly known as Wisconsin’s Safe Place Statute—requires property owners to take reasonable steps to keep their premises safe for people who are lawfully on the property. When owners ignore hazards, delay repairs, or fail to warn visitors, they can be held responsible for the injuries that result.
The scope of a property owner’s duty depends on why you were on the property. Invited guests typically receive the highest level of care, while the duty owed to trespassers is more limited. However, property owners still have some responsibility toward unexpected visitors, particularly if they know trespassers frequent the area or if the property attracts children.
Proving a premises liability claim requires establishing four key elements. First, you must establish that the property owner owed you a duty of care based on your status as a visitor. Second, you need to demonstrate that the property owner breached this duty by failing to maintain safe conditions or warn of known hazards. Third, you must prove that this breach directly caused your injuries. Finally, you must document the actual damages you suffered, including medical expenses and other losses. Meeting these requirements demands careful documentation and strategic presentation of evidence.
Evidence plays a critical role in establishing liability and damages. Photographs of the accident scene capture the condition that caused your injury before the property owner makes repairs. Witness statements from people who saw the accident or who can testify about how long the hazard existed strengthen your claim.
Medical records link your injuries directly to the accident and document the severity of your condition. Maintenance logs, inspection reports, and other property records may reveal whether the owner knew about the dangerous condition but failed to address it. Security camera footage can provide objective proof of what happened and show how long a hazard existed before your accident.
Wisconsin follows a comparative negligence rule under Wis. Stat. § 895.045, which means your compensation may be reduced if you share some responsibility for your accident. For example, if you were texting while walking and failed to notice a warning sign about a wet floor, a jury may assign you a percentage of fault.
However, you can still recover damages as long as you are less than 51% at fault. Our Wisconsin personal injury lawyers work to minimize claims of shared responsibility and focus on the property owner’s failures. We gather evidence demonstrating how the property condition was unreasonably dangerous, regardless of any minor inattention on your part.
Property owners and their insurance companies have significant resources to defend against injury claims. They employ investigators, lawyers, and adjusters whose job is to minimize what they pay you. Attempting to handle a premises liability claim alone puts you at a serious disadvantage.
A lawyer levels the playing field by conducting a thorough investigation of your accident. We know what evidence to look for and how to preserve it before it disappears. Property owners often make quick repairs after accidents, eliminating the hazardous condition that caused the injury. We act quickly to document the scene, obtain witness statements, and secure surveillance footage before it is deleted or overwritten.
Legal representation directly impacts the value of your claim. Insurance companies routinely offer low initial settlements to unrepresented injury victims, knowing that most people do not understand the full value of their case. These offers rarely account for future medical expenses, long-term impacts on earning capacity, or the full extent of your pain and suffering.
We calculate the true value of your claim by consulting with medical professionals about your prognosis and future care needs. For catastrophic injuries that cause permanent disability, this calculation becomes even more critical. We also understand how to present your case effectively, whether through settlement negotiations or trial testimony.
Premises liability cases involve strict deadlines and procedural requirements. Wis. Stat. § 893.54 places time limits on personal injury claims, and many cases must be filed within three years of the injury. Because exceptions and special rules can apply, waiting too long can put your claim at risk.
Attorneys handle all legal procedures on your behalf, from filing claims with insurance companies to preparing court documents if litigation becomes necessary. We communicate with all parties involved, allowing you to focus on your recovery while we handle the legal complexities. This includes working with medical providers regarding treatment and billing, negotiating with insurance adjusters, and representing you in court if the case proceeds to trial.
At Pemberton Personal Injury, we focus exclusively on representing injured people, never insurance companies or corporations. This means we understand the tactics property owners and their insurers use to minimize claims, and we know how to counter them effectively. Our team has secured significant settlements and verdicts for clients throughout Wisconsin who were injured on unsafe property.
Attorney William Pemberton brings over 20 years of legal experience to every case, including his background working for insurance companies. This inside knowledge of how insurers evaluate and defend premises liability claims gives our clients a strategic advantage. We know what evidence matters most, which arguments resonate with juries, and how to maximize the value of your claim. To discuss your Sun Prairie premises liability case during a free case evaluation, contact us today to learn more about your legal options.
Insurance companies profit when you lose. Every claim they deny, every settlement they lowball, every injured person they convince to accept less—that’s money in their pocket. And they’re very good at what they do.
At Pemberton Personal Injury Law Firm, we’ve made it our mission to take on the insurance companies that put profits over people. We know every underhanded tactic they’ll use to cheat you out of fair compensation, and we’re prepared to fight fire with fire. When insurance adjusters see us coming, they know they’re in for a real battle. You didn’t ask to be injured.
You didn’t ask to fight a billion-dollar corporation. But now that you’re here, you deserve lawyers who will go to war for you. We don’t settle for less than full compensation, we don’t back down from tough fights, and we don’t let insurance companies bully our clients. PERIOD.
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.
$33M+ 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.
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.
The client suffered a concussion, whiplash, and cervical, thoracic and lumbar pain after a slip-and-fall on the property, resulting in $189,009.19 in medical bills. We negotiated a $115,000 settlement and secured a 40% reduction of the medical lien—saving $15,927.32—leaving a lien balance of $39,407.33, so the client kept a far greater portion of their recovery.
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.
“If you ever need an attorney, he would be the first one I recommend”
“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”
