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Icy Parking Lot Fall

Who's fault is a fall on an icy parking lot? In Wisconsin, it will generally be a question of comparative negligence in which an experienced personal injury attorney will focus a light on the defendant's conduct rather than the person who fell. On the other hand, the insurance company for the parking lot owner or maintenance company will do the opposite and turn attention to the person who fell and argue it was their own fault for falling. The second line of defense will be that even if there was ice on the parking lot, the defendant was not aware of it, maybe it just appeared shortly before the unfortunate fall such that the defendant did not have time to either become aware of the ice or take steps to eliminate it.

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