Hudson Premises Liability Attorneys
If you suffered injuries due to a Hudson property owner’s failure to take reasonable precautions to prevent harm, you have options. One of our Hudson premises liability lawyers can pursue damages.
How can we help your case?
With over 14 years in business, Nicolet Law Accident & Injury Lawyers have encountered thousands of injured and disabled clients. We support accident victims in fighting for damages. Our premises liability team understands the help you need, and it starts with treating and paying for your injuries.
Compensating you for your losses
Premises liability cases involve trips, slips, falls, bites, and burns. What you suffered in your accident is unique to you. We can help pursue compensation to cover your losses.
You could recover the costs of:
- Hospital stays
- Outpatient care
- Medical equipment
- Physical therapy
- Lost income
Compensation covers both past and future injury expenses. Our Hudson premises liability lawyers can work closely with your doctor. We can also speak to experts like actuaries and economists to understand how your injury will impact you long-term, both medically and financially.
The injuries you sustain determine your recoverable damages
For instance, according to the Centers for Disease Control and Prevention (CDC), falls are the leading cause of traumatic brain injuries (TBIs). TBIs can carry lifelong consequences, affecting sensory perception, cognition and memory, and mood. Damages can cover the expense of initial TBI treatment and the costs associated with management. These can include antidepressants or physical therapy.
Injuries often have mental health components and impact your personal life. Depending on the type of accident you suffered, you could face life-changing consequences. Non-economic damages can cover traumatic memories or permanent changes to your ability to work.
The following could qualify you for a financial award:
- Pain and suffering
- Emotional distress
- Reduced earning ability
- Diminished quality of life
- Loss of consortium (companionship)
When you hire our team, we personally examine your case with attention to how the accident has affected every corner of your life. Tell the premises liability attorneys at our Hudson office about how the injury changed your day-to-day experiences. This might include your ability to work, your romantic intimacy, or how you enjoy your hobbies.
Supporting you in every aspect
Damages are undoubtedly important, but they represent only one facet of what our attorneys can do. You might think of lawyers as appropriate for lawsuits. However, we can help move your premises liability case forward before filing a suit. You can even call us right after the accident.
We offer aid in the form of:
- Communication with adjusters
- Settlement negotiation
- Case valuation
- Investigation and research
- Translation of legal terms
- Consultation with experts
Insurance companies may try to pressure you into settling before you even fully understand your injuries. They also may try to convince you to give a recorded statement immediately. We can talk to them on your behalf and determine what your case is worth before accepting any settlements.
Liable parties try to hide behind complicated terminology. Fortunately, we are fluent in legal jargon and can help you understand your rights and responsibilities. Additionally, we can evaluate any liability waivers you may have signed. Our team can determine if you still have a case if you did sign such a document.
Experts can provide a better understanding of your injuries, your background, and your future. They can even reconstruct the events that led to your accident. We can consult these experts to bolster your case. We know when to ask for additional help.
Relieving your payment fears
If you’re worried about affording the services of our award-winning law firm, don’t be! At Nicolet Law Accident & Injury Lawyers, we are aware of the financial stress of pursuing an injury case, and we think that’s enough for you already.
For that reason, we promise:
- Free consultations
- Payment on contingency
- 24/7 call availability
We only receive payment if you do. Until then, you don’t have to worry about anything but healing and adjusting to your new normal. We do the work of pursuing your compensation.
Our team is confident enough to work on contingency because we have a track record to prove our success. We have recovered tens of millions for our clients, with six- and seven-figure results for cases just like yours. To read more stories, check out our case results page.
How do You know if Your Hudson Premises Liability Case Qualifies?
All premises liability victims, like all personal injury victims, are required to provide evidence of negligence. In simple terms, negligence is when someone acts in a way that causes harm to another person, despite that harm being preventable.
In legal terms, it means demonstrating four points:
- Duty of care
- Breach of duty of care
For a premises liability case like yours, the duty of care belonged to the property owner to provide a safe place for visitors.
The breach of duty of care could be failing to address:
- Puddles or leaks
- Unsecured railings
- Loose flooring
- Elevator or escalator issues
- Defective equipment
- Unrestrained dogs
- Security risks
- Snow or ice
Our premises liability lawyers then link that Hudson property owner’s breach of duty of care to your injuries. The fact that the breach of duty of care injured you entitles you to compensation from the negligent party.
Understanding contributory negligence
Wisconsin adheres to the doctrine of contributory negligence. This involves a portion of fault assigned to each person involved in an accident. The portion amount depends on how much one party’s negligence contributed to the accident (WI Stat § 895.045). Unfortunately, that can mean a property owner might attempt to blame you for a larger portion of your accident.
Even if you somehow played a role in your injuries, such as texting while walking on someone’s property, you can still receive damages. You just have to be less responsible for the accident than the other party. Your proportion of fault reduces your potential compensation.
For example, if you were 20 percent responsible for the accident because of improper footwear, your proportion of fault would reduce your damages by 20 percent. Because the other party is 80 percent responsible, you still have grounds for a case.
Types of premises liability in Hudson
This branch of law covers injuries due to:
- Slip and falls
- Defective equipment accidents
- Dog bites
- Elevator and escalator incidents
- Swimming pool accidents
- Structure collapses
- Snow and ice
- Lack of security
Even if you don’t see your accident listed here, you may still be eligible for compensation through a Hudson premises liability case.
How do we prove negligence?
The onus is on the injured party to provide sufficient evidence that a property owner was negligent. To support your case, we utilize evidence from a variety of diverse sources. This allows us to demonstrate to an insurance adjuster, judge, or jury that the other party wronged you.
Some information we may use includes:
- Photos of the location
- Witness statements
- Security or private camera footage
- Accident reconstruction
- Expert testimony
- Medical records
- Police reports (if any)
Every accident is unique. Your accident might even be the first of its kind in Hudson. As a result, your damages—and the evidence we use to prove them—will not be the same as another car accident victim’s. Our premises liability attorneys investigate your case to find support that suits your situation.
Injuries due to animal attacks
Under Wisconsin law, dogs are considered property. This means any injuries they cause are the responsibility of the owner. This classification makes dog bite cases a form of premises liability. Wisconsin is a strict liability state. So, under WI Stat §174.02, a bite victim can hold the owner liable even if a dog showed no prior aggression.
If the dog did show prior aggression, the victim could hold the owner liable for double the amount of damages. The dog must have bitten someone before your attack (and the owner had to have known about it) for this to be relevant to you.
Wisconsin’s strict dog bite laws imply that the bite itself is evidence of negligence. The law also allows you to pursue damages for other injuries a dog causes. Such injuries could include broken bones or bruises from being knocked down in the attack.
Injuries on watercraft
Hudson residents can also suffer injuries when they leave land. While taking a riverboat ride shouldn’t include the risk of injury, it sometimes does. Slipping and falling or another type of accident could qualify you for damages.
If you suffered illness or injury on a boat, you might be able to hold any of the following liable:
If the boat owner or operator did not clean up a spill in enough time or did not address an obstructed walkway, we could hold them responsible.
Witness statements can be crucial evidence in these cases, corroborating your account of what happened. We can also interview employees and research if the owner or operator has a pattern of negligent behavior.
Winter weather can contribute to slips and falls
We can hold property owners responsible for how they react to hazards posed by snow and ice.
That can include:
- Ice patches
- Snow drifts
- Falling icicles
Our investigators can review photo and video evidence of the site. They can also visit the property to identify any building or equipment defects that contributed to the hazard. Improper drainage, lack of signs, and maintenance failures can all be grounds for an ice or snow case.
When the liable party didn’t adequately protect you
Some property owners are responsible for keeping the premises safe from crime and violence. For example, if an apartment complex or hotel is a neighborhood with a high crime rate, property owners should be aware of the increased risk. They should then take steps to protect visitors and residents.
Grounds for your claim could be a lack of:
- Security guards
- Video surveillance
- Adequate locks
- Security systems
Evidence to support your case could include reports of crime in the area or past incidents on the property. Such occurrences could indicate that the property owner was or should have been aware of an issue.
We can also utilize evidence from the crime, such as doors or windows forced open due to faulty locks. Failures of a surveillance system or negligence by a guard can also highlight that a property owner did not take necessary precautions.
How long do you have to file?
Naturally, we want to help you avoid the stress of a trial and will try to negotiate a settlement out of court. However, even as we work toward that goal, we will prepare for trial to show the negligent party that we are serious.
Part of that process is remaining mindful of the statute of limitations for your premises liability case. In Wisconsin, you generally have three years to file a suit under WI Stat § 893.54.
We spend that time:
- Helping you reach your maximum medical improvement
- Determining a value for your case
- Gathering evidence and interviewing witnesses
- Reviewing settlement offers and negotiating an agreement
- Preparing a case with a trial in mind
In some cases, the deadline is shorter, such as when suing a governmental body. Under WI Stat § 893.80, you must give notice within 120 days that you will be pursuing legal action. That notice outlines the grounds for your case.
Pursuing a governmental body, such as for failing to properly maintain sidewalks or roads, can be challenging. Many municipalities have laws protecting them from liability. If you suffered an accident because of a municipality’s negligence, we could tell you about your filing window and eligibility.
Hudson Premises Liability FAQs
When you suffer an injury at the hands of another party, it is often their direct actions that result in an accident and harm to you. Consider a car that crashes into you.
There are, however, other ways that a party can be liable to you for an accident and the injuries that follow. One of the most common causes of personal injuries has to do with the conditions of a property.
Premises liability cases can occur in various circumstances that include work, recreation, day-to-day entry, and visitation of properties in your community. If you suffer an injury that you believe is the fault of a property owner, you may be eligible for compensation under the law.
What Is a Premises Liability Case?
Every single parcel of property, including land and buildings, has a property owner, as well as the businesses or parties they place in charge of the operation and upkeep of a location. Premises in a premises liability case can refer to land, buildings, or structures within a certain area controlled by a property owner.
Property owners determine who is eligible for entry onto their property. While some properties may be private and there are limitations and exclusions for entry, other properties may be open to the public. Once a property owner allows other individuals to come onto their property, whether for work, business, recreation, or personal benefit, they must protect those that visit their land or buildings from preventable harm and injury.
When a property owner fails to uphold their duty of care to guests of their property and an accident and injuries take place, the law allows for victims of those accidents to seek compensation for the losses and damages they suffer.
What Are the Most Common Types of Premises Liability Cases?
Many circumstances can contribute to the injury or even death of an individual while on the property of another party.
Premise liability accidents can essentially happen anywhere at any time. In fact, you likely face risks to your safety each day as you go about your daily errands and routines. In many cases, you may realize the danger or are just plain lucky and avoid potential harm to yourself.
Unfortunately, this is not always the case. The CDC reports that in just one year over 170,000 people will lose their life in an unintentional accident. While this number is not representative only of premises liability-related accidents, many of these cases are individuals who sustain injuries while on the property of others.
Some examples of common premises liability accidents include:
- Slip and falls - One of the most common types of premises liability accidents is when an individual suffers a slip, trip, or fall while on another party’s property. If the fall of a victim is due to a defect or hazard on the property that they were not made aware of or proper protections were not in place to safeguard them from injury, then a property owner is likely liable for the accident.
- Accidents while at work - Many work-related accidents can constitute premises liability accidents. While the vast majority of work-related accidents fall under worker’s compensation laws, there are some situations in which a worker may suffer injuries on the property of someone other than their employer. If the property owner’s negligence is to blame for the injuries of a worker, they can be liable to the victim.
- Falling debris - The focus of many premises’ liability accidents is often on what is on or near the ground that causes an injury, but there are risks from above to guests on a property. Debris, equipment, or landscaping hazards that fall onto visitors to a property can also cause serious injuries. Improper maintenance or storage of products and other items can increase the risk to passersby below.
- Accidents on escalators, elevators, or stairs - Escalators and elevators require routine inspections and maintenance to ensure they are in safe working order at all times. Any delays or failures in these requirements can cause injuries to guests that use these machines while on a property. Stairwells are also a common cause of injuries on properties. These areas must be free from dangers and be frequently inspected to ensure the safety of all who pass through.
- Poor lighting - Areas with low lighting or no lighting pose a danger to guests on land or property that are welcome in the evening hours or within those areas inside a building. Failure to maintain lights or install lights that allow visitors to safely move within a property can be the negligence of a property owner.
- Dangerous conditions or hazards - There are some properties or activities on properties that are just inherently dangerous. While a guest that is aware of these dangers assumes some risk in partaking in these types of activities, a property owner must always alert guests of the dangers present on their property through signs and notices. If a property owner fails to let their guests know of the hidden dangers in and around their property or activities that take place on a property, they may be negligent and liable for the injuries that take place.
- Lack of security or safety measures - Large properties with parking structures or lots can increase the risk of security dangers to those in the location. A property owner must assess the risks their property may present to guests and reduce dangers with security personnel or systems if necessary.
- Pool accidents - Pools create unique dangers and risks, to guests not only because of the potential for drownings but also other water-related accidents such as slips and falls on pool decks and electrical shocks due to exposed or faulty wires in and around pool areas.
- Dog bites or attacks - Animal bites or attacks that happen on the property of another can open up the liability of the animal’s owner. In many cases, the property owner's insurance policy applies to these cases. Even in situations where a dog attacks an individual away from the home, premises liability law and insurance coverage may still apply.
What are the Injuries that Can Occur in a Premises Liability Accident?
Premises liability accidents can end with serious to fatal injuries. While some victims of accidents on another’s property may suffer injuries that require minor recovery time and medical care, some injuries can have life-threatening risks to a victim.
A slip and fall is one of the most common types of premises liability accidents that can cause over 800,000 hospitalizations in just one year across the U.S. Some individuals are more vulnerable to severe injury in a premises liability accident such as children, the elderly, or those who work in high-risk professions such as construction and maintenance.
Common injuries that can take place after a premises liability accident include:
- Broken bones
- Injuries to the head including the possibility of traumatic head injuries
- Neck and back injuries, including possible spinal cord injuries
- Burns from fires or exposure to hazardous chemicals and materials
- Lacerations, cuts, or puncture wounds
- Loss of a limb or amputation
- Development of a chronic illness due to exposure to pathogens on the property
- Injuries due to electrical shocks or death due to electrocution
When Can You Seek Compensation for Injuries that Occur on the Property of Another?
Accidents happen and it can be difficult to ascertain when an accident on another’s property was merely an accident or the result of the negligence of a party in the care and upkeep of the premises. If you suffer a preventable injury, likely, the property owner or manager of the property at the time of your accident could owe you compensation for your injuries and subsequent losses.
To determine whether a property owner is liable to a party for an accident that takes place on their property, insurance companies and courts will take a close look at certain factors in a case. First, they will look at your relationship with the property and whether you were a valid visitor. Secondly, they will look at whether any negligence by a property owner hurt you.
Were you a guest of the property?
Once you establish that you were either an invitee to the property or the property was open to visitors and guests and you were not in any way a trespasser, you can look towards the cause of the accident and your injuries to determine if a property owner may be liable to you.
Did the owner or a representative of the property owner create a hazard on the property?
Was the hazardous condition on the property that gave rise to your injuries a result of the direct actions of the property owner or other party related to the property? Did someone such as the owner or party responsible for managing the property create a danger to guests of the property and fail to alert others of the danger or fix it?
Was the property owner or a representative of the owner aware of a dangerous condition on the property, but took no action?
Identifying dangers on a property is only part of the responsibility of a property owner. Once an owner or their representative knows there is a problem, there must be action taken to safeguard guests from injury or to rectify the hazard. If a property owner or manager took no action to address a hazardous condition that later causes injuries to you, they are likely liable for your damages.
Should the property owner or representative of the owner have known about hazards on the property?
It is not expected that a property owner will be aware of the condition of his or her property at all times. However, there must be some effort and strategy for a property owner to ensure their property routinely undergoes inspections to catch any potential dangers before they cause an unfortunate accident.
If a property owner would have found a dangerous condition if they took the time to evaluate the property for dangers, then they may be liable to you for their negligence in the upkeep and maintenance of their premises.
What Damages are Available to a Premises Liability Accident Victim?
If you suffer an injury unexpectedly in a premises liability accident you will likely face the need for prompt medical treatment and care and it may have significant impacts on your ability to fulfill your day-to-day responsibilities. Victims who suffer serious injuries can't work for extended periods. Their functional abilities or physical tolerance of their prior work duties may decline.
The combination of impacts to income earnings and mounting medical bills can create dire financial circumstances for some premises liability accident victims and their families. The law allows for victims of a premises liability accident due to negligence to seek recovery of their losses against the parties responsible.
Damages in a premises liability case can include:
- Lost wages - The loss of current and future income due to your injuries is recoverable in an insurance claim or lawsuit for a premises liability accident.
- Medical expenses - Your medical bills that relate to your injuries can be part of your claim for damages and may include not only your current medical-related bills but any possible future medical expenses that you may need due to the extent and severity of your injuries.
- Pain and suffering - Injuries can cause you significant physical pain but also have a wide range of other emotional and mental impacts on your wellbeing. The law allows you to seek compensation for their actual physical injuries and how those injuries and the accident harmed your daily life and future.
- Wrongful death - If your loved one loses their life in a premises liability accident, you may be eligible for compensation on their behalf to cover the costs and expenses associated with their death, such as funeral and burial costs.
If you suffer an injury while on another party’s property, call our premises liability lawyers to seek compensation for your injuries and damages.
Call our award-winning Hudson Premises Liability Lawyers today
Any injury is disruptive and expensive. Being injured while enjoying normal activities that should be safe is particularly jarring. If you were hurt while on a property in Hudson, one of the premises liability lawyers at our office may help you.
Our consultation is free, our payment is on contingency, and our team is available 24/7. Call now at (651) 427-3331 or email us. You could secure justice for the injury you suffered while shopping, relaxing at home, or sightseeing.
517 2nd Street
Hudson, WI 54016