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Slip and Fall Archives

Construction Site Slip and Fall Accident

Who is responsible for a slip and fall at a construction site in Wisconsin? Let's assume the injured worker is and employee of a subcontractor. First, the injured worker is entitled to workers compensation from his own employer or his employer's workers compensation insurance carrier. This is true whether the accident causing the injury was caused by the worker himself, his employer or anyone else. Workers compensation is almost always payable without regard to fault. Secondly, if there is negligence that caused the accident, then the injured worker may have a third-party claim against the responsible party as long as the responsible party was not his own employer. Generally, one cannot sue his own employer for negligence, workers compensation is his only remedy against the employer. But let's assume the injured worker tripped on some rebar that was negligently left where it was not supposed to be by employees of the general contractor; can the injured worker make a claim against the general contractor? In most circumstances the answer is yes.

Slip and Fall Settlement Damages

A slip and fall settlement or case for damages caused by an ice or store aisle accident can include medical bills, wage loss, pain, suffering and disability. The key question often becomes what damages were caused by this accident as opposed to being for example a pre-existing medical condition or a job loss that was already happening. The first place to look for guidance on causation questions are the Wisconsin Civil Jury Instructions, which at 1500 provides as follows:

Is Homeowner Responsible for Ice Slip and Fall on Sidewalk

In a Wisconsin slip and fall on ice, a homeowner may be liable for a fall on ice on his or her sidewalk, depending on the circumstances. The rule is the homeowner must act with ordinary or reasonable care. Under Wisconsin common law ordinary negligence as codified in JI 8020, actual or constructive notice is required as highlighted below:

Wisconsin Slip and Fall on Ice

In Wisconsin, slip and fall on ice accidents often involve safe place law, which is designed to protect workers and others on premises with permission from certain risks of harm or injury. The law only applies to certain parties and in certain circumstances. But when it does apply to a factual situation, its application is significant for this reason. In most interactions between people, we all have a duty to act with reasonable care toward each other. If what we do, or in some cases fail to do, creates an unreasonable risk of harm to another and that person does incur injury or damages as a result of our actions, then we are liable. This is referred to as the ordinary standard of care, the obligation to act with reasonable care under the circumstances. The safe place law creates a higher or more careful standard of care: as safe as the nature of the place will reasonably permit.

Slip and Fall on Ice

A property owner is responsible for an ice slip and fall if there is negligence.  An owner of property must use ordinary care under the existing circumstances to maintain his or her premises to avoid exposing persons on the property with consent to an unreasonable risk of harm.  This may include shoveling snow, salting ice, scrapping ice or putting up warnings of a slippery sidewalk or parking lot.

Wisconsin Slip and Fall on Ice Wrist Fractures IV

After a slip and fall on ice wrist fracture some patients need surgery.  Attorneys can collect money for medical bills, wage loss, pain and suffering.  Surgeons may perform screw fixation surgery when a patient has had a recent, nondisplaced scaphoid fracture. Studies have shown that this method can help people get back to activity faster than wearing a cast for up to 12 weeks. The procedure involves inserting a screw through the scaphoid holding it firmly until it heals.

Wisconsin Slip and Fall on Ice Wrist Fractures III

After slip and fall on ice wrist fracture what tests will my doctor run?  Your doctor will first take a medical history, asking questions about your pain and how the accident happened.  Its very important to be honest and thorough in the history to the doctor.  Then the doctor will do a physical exam, testing range of motion and palpating to help determine pain location.

Wisconsin Slip and Fall on Ice Wrist Fractures II

What causes a slip and fall on ice wrist fracture?  A broken wrist scaphoid fracture is almost always caused by a fall on the outstretched hand. We commonly try to break a fall by putting our hands out for protection. Landing on an outstretched hand makes hand and wrist injuries, including a fracture of the scaphoid bone, fairly common.

Who is Liable if I Slip and Fall on Ice?

Who is liable if I slip and fall on ice, is a question many people have after a slip and fall accident.  Ice and snow in Wisconsin is not unusual, but that does not mean property owners can just ignore slippery conditions.  They have a duty to act reasonably, and this is especially true for business owners who may have a higher duty, called safe place.  Slip and fall accidents cost people money by causing wage loss, medical bills and pain and suffering damages.

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