One of the most common Personal Injury claims are those of “Slip and Fall”. These cases can be very difficult but also among the most profitable of all Personal Injury matters.
Typically, these cases fall into one of two categories, either bad construction or bad conditions.
The bad construction Personal Injury cases deal with things like an uneven sidewalk, an improperly constructed hand railing, improperly built stairway, etc. The main challenge in these types of Personal Injury cases is identifying the responsible party and the age of the construction. Is the Landlord responsible, or is the company that built the building? When the construction was completed is also hugely important. Under current Wisconsin Law, the liability of the person/business that built the structure only lasts for a few years after it was built. Therefore, if you wait too long to complain of the injury, your claim may be barred as a violation of the Statute of Limitations as it applies in these types of cases.
The bad condition Personal Injury cases are the other typical type. Most “Slip and Fall” Personal Injury cases are for lack of maintenance. For example, a floor is wet, the owner knows of it, and does nothing to clean it up or warn people of the hazard, even after others have fallen. In this example, liability is almost certain. However, proving that the property owner was aware of the hazard and didn’t take steps to correct/remediate the hazard are often very hard to prove. So, it is important to see an experienced attorney as soon as possible to start an investigation or gather evidence before it is destroyed.
A common problem encountered in “Slip and Fall” Personal Injury cases is that after the injury the responsible party cleans up the mess or fixes the defect. For example, you fall into an unmarked hole in a parking lot and you complain to the owners right away. After a few weeks, you seek an attorney for your Personal Injury case. You go back to check on the hole to get size details on the hole. The hole is now if fixed and perfectly safe. You may well have lost any chance for recovery as your needed evidence (details as to the size and depth of the hole) are now gone.
The simple moral of the story is do not wait to start your case! See an experienced Personal Injury attorney as soon as possible. The initial consultation on cases such as these are FREE OF CHARGE at Daniels & McAvoy.