A slip or fall that results in personal injury is never a good thing. But when it’s on another person’s property, the issue of premises liability arises. Premises liability holds property owners and occupants responsible for maintaining the safety of the property. Here’s what you need to know about building a case for personal injury and premises liability.
Premises Liability: Building a case
Just like any case, there is a time window for reporting a claim for personal injury. According to Wisconsin State Statute 893.54, you have three years from the date of the injury to file a claim in court. If that injury also caused damage to your property, say a cell phone or watch, you have six years to file a claim in court. To win a case and receive compensation for personal injury, the plaintiff must prove negligence.
Negligence: Who’s fault is it?
Wisconsin State Statute 895.045 provides a lengthy definition of negligence:
“Contributory negligence does not bar recovery in an action by any person or the person’s legal representative to recover damages for negligence resulting in death or in injury to person or property, if that negligence was not greater than the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of negligence attributed to the person recovering.”
The most important thing one must prove, in regards to negligence, is that the property’s owner was more negligent than the defendant. For example, if the property owner did not take the necessary steps to fix a broken step that a defendant fell on, they may have been more negligent. It comes down to comparing if the negligence falls on the plaintiff, then they are not entitled to compensation.
Compensation for Personal Injury
The amount of compensation a defendant may receive can also vary. According to nololaw, if the court finds that if the person making the claim has any negligence at all, they will only get a portion of the compensation. Essentially, if the plaintiff had knowledge of any unsafe conditions on the defendant’s property, they both contribute to negligence.
When You Can’t Cue for Personal Injury
Being somewhere you aren’t supposed to be is never good. According to Wisconsin State Statute 943.14, trespassing is defined as: “Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises.” Sustaining an injury while trespassing will most likely negate your chance of receiving compensation.
Places used for recreation
Wisconsin State Statute 895.525 illustrates that when you are performing recreational activities on premises, the participant accepts the risk associated with that. By accepting the risk, you are not able to seek compensation for any injuries that occur while on their premises.
More About a Personal Injury on Someone’s Property
If you’ve been injured on someone else’s property, it’s important that you understand personal injury laws. Knowing these laws can help you receive compensation for injury and damages. If you’ve been hurt on someone else’s property, call on Gebhard Law for consultation.