Slip & Fall Accident

It’s almost a cliché: stage a phony slip and fall, sue the owner, come away with a big award. Those kinds of fraudulent claims can deter people who have suffered genuine injury as a result of a slip and fall. At Clifford & Raihala, we are committed to working for real people who have experienced real trauma. Slip and fall accidents are no joke.

When a slip and fall accident occurs, determining liability is often complicated. In general, it falls under the category of premises liability, but there are often various parties who hold responsibility. First, there needs to be a “dangerous condition” that the owner knew or ought to have known about that posed an unreasonable risk to someone else. If the incident takes place at a business, the owner may not be present; the actions or inactions of the manager and/or other employees may be significant. Likewise, outside maintenance companies or snow removal company could hold some responsibility. It also matters where the incident takes place. If it is on government property, written notice must be given within 120 days. Expert slip and fall attorneys know all the intricacies.

Slip and fall accident lawyers will talk to you about contributory negligence, or “shared blame.” Often when a slip and fall accident occurs, the victim is deemed partially responsible. In Wisconsin, contributory negligence does not necessarily mean that you are not eligible for a slip and fall settlement. Plainly stated, if the other party (or parties) bear more responsibility than the victim in the accident, then it is an actionable claim; the award will be decreased by the portion of fault the victim bears. So, for instance, if you suffer a slip and fall and it is determined that 20% of the blame rests with you, and the award is $100,000. You will receive $80,000 ($100,000 – 20%). Slip and fall attorneys can guide you through this process.