Wisconsin Premises Liability Lawyer

What is Wisconsin's Safe Place Statute?

It is a law that requires employers and owners of public buildings to construct, repair and maintain them as safe as the nature of the place will reasonably permit. That is a higher standard than ordinary care.

The statute often applies to stores, offices, apartment common areas, restaurants and other buildings open to the public. It generally covers structural defects and unsafe conditions associated with the structure, such as broken stairs, loose railings and poor lighting. Owners are usually responsible for unsafe conditions they knew about or should have discovered through reasonable inspection. The statute does not make owners insurers of every visitor's safety, but it raises the bar.

Because that higher duty can make a real difference, one of the first questions we ask is whether the building and the defect fit within the statute. A loose handrail in a store stairwell may qualify, while a temporary spill may be judged under ordinary negligence instead. Photos of the defect, maintenance records and prior complaints help answer that question.

What duty do Wisconsin property owners owe visitors outside the Safe Place Statute?

Wisconsin owners generally owe ordinary care to everyone lawfully on their property. Wisconsin does not separate business visitors and social guests when deciding the duty owed.

That means a guest at a private home and a customer at a business are both owed reasonable care, though the circumstances matter. Trespassers are treated differently and are owed much less, though special rules can protect children.

How does shared fault affect a Wisconsin fall claim?

Your recovery is reduced by your share of fault, and you cannot recover if your negligence is greater than the owner's. Owners often argue the visitor was not watching where they walked.

Here is a worked example. A customer falls on a broken step at the entrance of a Madison restaurant. The customer's damages total $85,000. The restaurant argues the customer was looking at a phone.

• If a jury finds the customer 25% at fault, the recovery is $63,750.
• If a jury finds the customer 50% at fault, the recovery is $42,500.
• If a jury finds the customer 55% at fault, the recovery is zero.

Under the Safe Place Statute, a jury may compare the owner's breach of that higher duty with the visitor's negligence, which can help keep the visitor's share lower.

Who is responsible for snow and ice injuries in Wisconsin?

Owners must act reasonably to address snow and ice, but responsibility depends on where the fall happened. Private parking lots, walkways and entrances are often the owner's responsibility, while public sidewalks follow different rules.

Wisconsin winters bring repeated freeze-thaw cycles, refreezing near downspouts and ice buried under fresh snow. Questions that often decide these cases include when the owner last plowed or salted, whether a drainage problem caused refreezing and who was responsible under a lease or snow removal contract. Claims involving public sidewalks generally require a written notice of injury within 120 days, and Wisconsin law limits when municipalities are liable for natural accumulations.

Can you bring a claim after a recreational injury in Wisconsin?

Often it is difficult. Wisconsin's recreational immunity law broadly protects landowners who allow people to use their land for activities such as hiking, hunting, fishing, swimming and snowmobiling.

There are exceptions, which can depend on whether the owner charged a fee, acted maliciously, or the injury happened during an event that falls outside the immunity. Waterparks, resorts and hotels in tourist areas such as the Wisconsin Dells are generally subject to ordinary premises rules for hazards in their buildings, pools and walkways. These cases depend on the facts, so get an early review.

What should you do after a fall in Wisconsin?

Report the fall, document the hazard and get treatment. Most premises lawsuits must be filed within 3 years.

1. Report the fall and ask for a copy of the incident report.
2. Photograph the hazard, lighting, signs and your shoes.
3. Collect names of witnesses and employees.
4. See a doctor promptly.
5. Ask the owner in writing to preserve surveillance video.
6. If public property was involved, start the 120-day notice process right away.

Our premises liability page explains how we evaluate falls and unsafe property, and our government and public property injury claims page covers the notice of injury. If a dog was involved, see dog bites and animal attacks. For more on statewide rules, visit our Wisconsin injury law hub. We offer a free case review, and there is no fee unless we win.