A property owner is liable when they knew or should have known of a hazard and failed to fix or warn about it. Proving that knowledge — actual or constructive — is the heart of the case.
What You Must Prove
The Safe Place Statute Advantage
Wisconsin's Safe Place Statute (Wis. Stat. § 101.11) holds employers and property owners to a higher standard than ordinary negligence for the safety of frequenters and employees. For injuries in stores, workplaces, and other covered properties, this statute can make recovery easier than ordinary negligence.
Comparative Fault in Falls
Wisconsin follows modified comparative negligence under Wis. Stat. § 895.045 — you can recover as long as you are not more than 51% at fault, but your award is reduced by your share of responsibility. Owners often argue you weren't watching where you walked, so documenting the hazard immediately — photos, incident reports, witnesses — is critical.
This article is general information, not legal advice. Injury Claim Team is a free attorney-matching service, not a law firm. For advice about your specific situation, talk to a licensed Wisconsin attorney — we'll connect you at no cost.