In Wisconsin, property owners have a duty to maintain safe conditions for their customers. Slip-and-fall accidents in retail stores are common, but proving fault in these cases requires clear evidence.
To establish fault in a retail slip-and-fall case, you must prove that the store was negligent in preventing the hazard that caused the fall. Wisconsin law sets specific requirements to meet this standard.
Proving negligence in a retail slip-and-fall case
To prove negligence, you must show that the store either caused the dangerous condition or knew about it and failed to fix it. For example, if an employee spills a liquid on the floor and does not clean it up right away, the store may be liable for any injuries that result. This also applies if a store employee or manager was aware of a hazard, like a broken floor tile or water tracked in from rain, but did not take action to address it
Additionally, if the store should have known about the hazard, even without being directly notified, you can still prove fault. There is an expectation for stores to conduct regular inspections of their premises. If a store fails to inspect its floors or walkways for potential dangers, it may be liable if a slip-and-fall accident occurs.
The role of comparative negligence
Wisconsin follows the rule of comparative negligence. This means that if an injured person is partly responsible for the fall, their compensation can decrease. For example, if a customer was not paying attention while walking or was wearing unsafe footwear, they may share some responsibility for the accident. If the injured person’s fault is greater than 50%, they may not recover any compensation at all.
Evidence is the deciding factor in proving fault. If possible, you should document the scene of the accident with photos and witness statements. Proving fault in a retail slip-and-fall case depends on showing that the store failed to prevent or address a dangerous condition that caused the fall.
