Proving Negligence in Wisconsin Slip and Fall Cases: What You Need to Know

A slip and fall can happen anywhere: a grocery store, sidewalk, apartment building, or even a friend’s home. While many falls are minor, some result in serious injuries—broken bones, concussions, and even long-term disability. But if you want to recover compensation from a property owner in Wisconsin, you must do more than show you were injured. You must prove negligence.

What Is Negligence?

Negligence means that the property owner failed to use reasonable care to keep their premises safe. In a slip and fall case, this often comes down to:

• Whether the owner knew (or should have known) about the hazard
• Whether they failed to fix it or warn visitors
• Whether your injury was a foreseeable result of their inaction

Common Examples of Negligence in Slip and Fall Cases

• Failing to clean up spills promptly in a store
• Not repairing broken steps or handrails
• Allowing ice or snow to accumulate on walkways
• Poor lighting in stairwells or hallways
• Leaving debris, cords, or clutter in walking paths

What Evidence Do You Need?

1. Photos and Videos: Document the scene immediately after your fall, capturing the hazard (e.g., spill, uneven floor, ice patch).
2. Incident Reports: Report the fall to the property owner or manager and get a copy of their report.
3. Witness Statements: Gather contact info for anyone who saw your fall or the dangerous condition.
4. Medical Records: Get treatment and keep records of all doctor visits and bills.
5. Maintenance Records: In some cases, your attorney can obtain maintenance logs or surveillance footage that shows how long the hazard was present.

The “Notice” Requirement

Wisconsin law usually requires proof that the property owner had notice of the hazard—that is, they knew or should have known about it. Evidence that the hazard was present for a long time, or that similar incidents happened before, can help prove notice.

What If You Were Partly at Fault?

Wisconsin follows comparative negligence rules. If you were distracted (like looking at your phone) or wearing inappropriate shoes, you can still recover compensation as long as you were not more than 50% at fault. Your recovery will be reduced by your percentage of blame.

Damages You Can Recover

If you prove negligence, you may be entitled to:

• Medical expenses
• Lost income
• Pain and suffering
• Rehabilitation costs
• Out-of-pocket expenses

How Trial Lawyers of Wisconsin Can Help

Slip and fall cases can be tough, especially when property owners deny responsibility or insurance companies claim you were to blame. The attorneys at Trial Lawyers of Wisconsin know how to investigate, gather evidence, and build strong cases. We negotiate aggressively and, if needed, take your case to court for full and fair compensation.

Don’t Wait to Get Help

There are strict deadlines for filing slip and fall claims in Wisconsin. The sooner you call, the sooner we can start gathering evidence and building your case.