You know how sometimes you hear legal terms thrown around, and they all start to blur together? “Premises liability” and “slip and fall” are two that tend to get lumped together, but they aren’t exactly the same thing. If you’ve suffered injuries on someone else’s property, it helps to know the difference between slip and fall and premises liability.
First Things First: Understanding Premises Liability
Think of premises liability as the big umbrella. It’s the overall legal concept that says if someone owns or controls property, they have a responsibility to keep it reasonably safe for people who are legally on that property.
So if you slip on a wet floor at the grocery store, trip over a broken step at someone’s house, or get assaulted at a bar due to negligent security, it all falls under this general idea of premises liability. It’s basically the legal way of saying, “Hey, you didn’t keep your property safe, and someone got hurt because of it.”
What Is a Slip and Fall?
A slip and fall accident is just one type of premises liability case. Slip and fall cases involve, as you may have guessed by now, someone slipping and falling because of a dangerous condition that existed on someone else’s property.
Here are a few classic examples:
- You walk through a store and hit a slick patch of floor with no warning sign.
- Ice on an apartment walkway takes you down hard.
So, while every slip and fall claim is a type of premises liability, not all premises liability cases pertain to slip and fall accidents.
Slip and Fall vs. Trip and Fall
When people hear the terms “slip and fall” and “trip and fall,” it is easy to assume they mean the same thing. In reality, the two are quite different, and the cause of the fall plays a role in figuring out responsibility.
Slip and Fall
A slip and fall usually happens when your foot loses traction on a slick or unstable surface. Common examples include:
- Wet floors inside a store or restaurant
- Icy sidewalks during Wisconsin winters
- Spilled liquids or freshly mopped tiles
In these situations, your feet often slide out from under you, leading to a backward or sideways fall.
Trip and Fall
A trip and fall occurs when your foot strikes or gets caught on something in your path. This can happen if there is:
- An uneven sidewalk crack
- A loose floor mat or rug
- Objects or clutter left in a walkway
Here, you are more likely to fall forward. While both can cause serious injuries, the underlying cause helps determine who may be legally at fault.
Other Common Premises Liability Situations
Let’s say you weren’t injured due to a fall. Premises liability law can still apply in other situations, like:
- Dog bites
- A shelf collapsing in a store
- Poor lighting that leads to an accident
- Inadequate security resulting in assault
- Falling branches, faulty handrails, or even hidden hazards in rental units
In essence, if you’re on someone’s property and the property owner fails to take reasonable steps to keep it safe, and you suffer injuries, you may have a right to seek compensation.
What Has to Be Proven in These Cases?
Whether it’s a slip and fall or something else under the premises liability umbrella, the core of any case usually comes down to four vital legal elements for proving negligence.
- There was a dangerous condition: Something was unsafe, such as a spill, broken step, or icy walkway.
- The property owner knew or should have known about it: If the hazard had been there long enough, the owner should have noticed and done something.
- They didn’t fix it or warn anyone: Owners have a legal duty to take remedial action to either fix the issue or provide a clear warning if a dangerous condition exists.
- You got injured because of it: Your injury needs to be tied directly to that unsafe condition. It helps to have medical records, photos of the scene, or witness statements.
Where Do These Incidents Usually Happen?
Unfortunately, they can happen virtually anywhere. Here are some common spots:
- Grocery stores (slippery spills, cluttered aisles)
- Restaurants (wet floors, loose rugs)
- Retail stores (items falling from shelves)
- Office buildings (poor lighting, obstacles in walkways)
- Apartment buildings (icy sidewalks, broken steps)
- Private homes (loose handrails, unmarked hazards)
- Public parks or buildings (poor maintenance)
No matter where it happens, the important question is always the same: Did the property owner take reasonable steps to prevent it?
What Wisconsin Law Says About All This
In Wisconsin, property owners and occupants have a legal duty to keep their premises reasonably safe. But how much care they owe depends to an extent on your status when you’re on the property.
- Invitees: These are people who are on the property for business reasons, like customers in a store. The owner owes them the highest level of care.
- Licensees: These are social guests like friends or family who come over for dinner, for example. Property owners still have to keep things safe for themselves, but the duty is a bit more relaxed.
- Trespassers: Even people who aren’t supposed to be on the property have some protections. Under the “attractive nuisance doctrine,” children are protected from being drawn to dangerous features like pools or construction equipment.
What If You Were Partly to Blame?
Let’s say you were looking at your phone and didn’t see the warning sign about the wet floor. Does that mean you don’t have a personal injury claim for fair damages? Not necessarily. Wisconsin uses modified comparative negligence. That means if you were partly at fault, you can still get compensated as long as you were less than 51% at fault.
Your settlement just gets reduced by your percentage of fault. So if a jury says you were 20% at fault and your damages are $300,000, you could still walk away with $240,000.
Choose the Leading Wisconsin Premises Liability Attorneys for Your Case
If you or someone you love has been injured on another’s property, you need a lawyer with more legal firepower and the most heart. Gingras, Thomsen & Wachs treats injured victims like family. Our slip and fall lawyer will fight to hold the responsible party accountable for maximum damages.
For nearly four decades, we have fought for thousands of clients to get them the financial compensation they’re owed. To schedule your free consultation, call us at 855-954-1186 or contact us online.
