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A fall caused by a broken or faulty railing can be a traumatic experience, both physically and emotionally. You might be facing medical expenses, pain, and uncertainty about how to handle the situation. When a railing fails, it can be due to poor maintenance, lack of inspections, or negligence on the part of the property owner. Wisconsin law requires landlords and property managers to keep rental properties in safe condition, which includes ensuring that railings and other safety features are well-maintained and secure. Understanding your legal rights and the steps to take after a fall can be crucial in protecting your interests.
After a fall, the most important thing you can do is get medical attention as soon as possible. Even if your injuries don’t seem serious, falls can cause hidden issues like concussions, internal bleeding, or fractures that aren’t immediately obvious. Seeing a healthcare provider ensures you get the treatment you need and creates a medical record of your injuries. This documentation is crucial for any personal injury claim because it clearly shows the extent of your injuries and their impact on your health and safety.
If you’re able to do so safely, gather evidence at the location where you fell. Take photos or videos of the failed railing and the surrounding area. Document any visible problems, like rust, loose bolts, or cracks. If there were witnesses, get their contact information, as their statements can support your case. In Wisconsin, gathering evidence can greatly strengthen a premises liability claim by helping us show that the property owner didn’t meet their duty to maintain a safe environment.
It’s critical to report the fall and the defective railing to your landlord or property manager as soon as possible. This notification is essential, as it establishes a record of the incident and alerts them to the dangerous condition. Be sure to report the incident in writing, such as through an email or written letter, so that you have documented proof. Under Wisconsin premises liability law, property owners are required to address safety hazards within a reasonable timeframe, especially after they have been made aware of a defect.
In Wisconsin, premises liability laws hold property owners responsible for injuries sustained on their property if negligence is involved. Wisconsin Statutes Section 895.52 outlines premises liability laws, explaining that property owners must maintain safe conditions and can be held liable for injuries caused by dangerous conditions they failed to fix or warn tenants about. Wisconsin law expects landlords to perform regular maintenance and inspections to ensure that safety features, including railings, are secure.
If the property owner or manager failed to meet this duty and their negligence led to your injury, you may have grounds for a premises liability claim. To establish liability, we will work to prove that the landlord knew or should have known about the dangerous condition and neglected to take action to repair it.
In Wisconsin, you have the right to seek compensation for the damages you’ve suffered due to a landlord’s negligence. This compensation, known as “damages,” can cover a range of losses, including lost wages, medical expenses, pain and suffering, and future medical costs. Understanding these potential compensations can help you assess the full extent of your losses and the compensation you may be entitled to.
Wisconsin courts use a comparative negligence standard, outlined in Wisconsin Statutes Section 895.045. This means that if you are partially at fault for your accident, any compensation you receive will be reduced by your percentage of fault. However, you can still recover damages as long as you are not more than 50% responsible for the accident.
If you decide to pursue a claim, it’s essential to act quickly. In Wisconsin, the statute of limitations for personal injury cases is generally three years from the date of the accident, as stated in Wisconsin Statutes Section 893.54. Failing to file within this timeframe can prevent you from obtaining any compensation. We can guide you through each step of the claims process, from gathering evidence and calculating damages to negotiating with the property owner’s insurance company.
To succeed in a premises liability claim, we must prove that the property owner or manager was negligent. This involves showing:
In cases involving railing failures, we often work with safety inspectors and construction experts to evaluate whether the property owner met their responsibilities. This evidence is crucial in building a strong case and demonstrating the owner’s negligence.
In Wisconsin, property owners may attempt to avoid liability by arguing that they were unaware of the hazard or that the tenant contributed to their injuries. Understanding common defenses can help you prepare for the challenges that may arise in your case. For instance, a property owner may argue that:
Our goal is to counter these defenses and build a strong case that prioritizes your recovery and well-being.
If the property owner or manager refuses to repair a defective railing or other safety hazard, document each instance where you notified them of the issue. Save any written communications, photos, or evidence showing the defect. If you are injured, this documentation will strengthen your claim and help us demonstrate that the property owner ignored a known hazard.
Possibly. Under Wisconsin’s comparative negligence rule, your compensation may be reduced if you were aware of the defect and continued to use the railing despite the risk. However, if we can show that the landlord was aware of the issue and failed to repair it, you may still be eligible for compensation. We will assess the details of your case to determine the best approach to protect your rights.
Premises liability cases can vary in length depending on the complexity of the case and the willingness of the property owner to settle. Some cases may resolve within a few months, while others may take over a year, especially if they proceed to trial. We will keep you informed throughout the process and work to secure fair compensation as efficiently as possible.
At the Law Offices of John V. O’Connor, we are committed to helping individuals who have been injured due to property owner negligence. If you or a loved one suffered a fall due to a railing failure in your apartment, we understand the physical, emotional, and financial impact this type of accident can have. Our team of Kenosha premises liability lawyers is here to provide you with the support and legal guidance you need to seek justice.
If you’re ready to discuss your case, contact our Kenosha premise liability lawyer at the Law Offices of John V. O’Connor to receive your free consultation. Call us today at (262) 605-8400. We represent clients throughout Wisconsin from our office in Kenosha, Wisconsin, and are ready to help you pursue the compensation you deserve.
