A cracked sidewalk, uneven walkway, or unexpected change in pavement height can cause a slip and fall on uneven pavement, creating serious hazards for pedestrians. These conditions can lead to slip and fall accidents, resulting in injuries such as broken bones, sprains, head injuries, and back problems.
If you suffered injuries in a slip and fall on uneven pavement in Wisconsin, you may be wondering whether someone can be held responsible.
The answer depends on the circumstances of the accident, who was responsible for maintaining the property, and whether negligence contributed to your fall. In some situations, you may be able to pursue compensation for medical expenses, lost wages, pain and suffering, and other related losses.
Here’s what you should know about slip and fall accidents involving uneven pavement and your legal options in Wisconsin.
What Causes Slip and Fall Accidents on Uneven Pavement?
Uneven pavement can create unexpected hazards for pedestrians, particularly when defects are difficult to see or are located in areas with regular foot traffic.
Some common examples include:
- Cracked or broken sidewalks
- Raised or uneven concrete slabs
- Potholes and damaged pavement
- Uneven walkways and pedestrian paths
- Loose or missing paving stones
- Unexpected changes in pavement height
- Poorly maintained steps or walkway surfaces
- Damaged pavement in parking lots
These hazards can cause pedestrians to trip, slip, lose their balance, and fall. The risk may be greater in areas with poor lighting, heavy foot traffic, or obstructions that make the damaged surface difficult to notice.
Whether someone trips over a raised sidewalk or slips while walking across a damaged surface, the resulting fall can lead to serious injuries and potential premises liability claims.
Who May Be Liable for a Slip and Fall Accident on Uneven Pavement in Wisconsin?
Determining who is responsible for a slip and fall accident is not always straightforward. Responsibility may depend on where the accident occurred and who had a legal duty to maintain the area.
Private Property Owners
Property owners and businesses may have responsibilities to maintain reasonably safe premises for people who are legally on their property.
For example, a grocery store, shopping center, restaurant, or apartment complex may be responsible for addressing hazardous conditions on walkways, entrances, and parking areas under their control.
If a property owner knew about a dangerous pavement condition, or should reasonably have discovered it, and failed to take appropriate action, that failure may contribute to a slip and fall injury.
Businesses and Property Managers
In some situations, responsibility may involve a business operating on the property or a property management company responsible for maintenance.
For example, a shopping center may hire a property management company to inspect and maintain its walkways and parking areas. Depending on the circumstances and the parties’ responsibilities, more than one party may potentially be involved in a premises liability claim.
Municipalities and Government Entities
If you trip or slip on a defective public sidewalk or walkway, a city, town, or other government entity may potentially be responsible.
Wisconsin Statute § 81.15 addresses municipal liability for certain injuries caused by defects or insufficient repairs to highways, including sidewalks.
However, claims involving public sidewalks can be more complicated than claims involving private property. Special legal requirements and limitations may apply, including notice requirements and government immunity rules.
For this reason, it is important to determine who was responsible for maintaining the area where your slip and fall accident occurred.
What Do You Need to Prove in a Slip and Fall Claim?
Simply falling on uneven pavement does not automatically mean you have a valid personal injury claim.
Generally, you must establish that another party had a legal responsibility related to the condition, failed to meet that responsibility, and that the failure caused your injuries.
Depending on the circumstances, important factors may include:
1. A hazardous condition existed.
You must be able to identify the condition that caused your fall. This could be a raised section of concrete, a large crack, a pothole, or another pavement defect.
2. The responsible party had a duty of care.
The property owner or another potentially responsible party must have had a legal duty to maintain the area or address the hazard.
3. The responsible party knew or should have known about the hazard, when applicable.
Evidence that a dangerous condition existed for some time, that complaints were made, or that inspections should have identified it may help establish notice of the problem.
4. The hazardous condition contributed to your fall and injuries.
You must establish a connection between the pavement condition, your slip and fall accident, and the injuries you suffered.
The specific legal requirements can vary depending on the property, the responsible party, and the circumstances of the accident.
What Evidence Can Help Support a Slip and Fall Claim?
Evidence can play an important role in showing how a slip and fall accident happened, identifying the hazardous condition, and documenting your injuries.
If you are physically able to do so, try to gather the following information after a fall:
- Photographs of the pavement: Take pictures of the cracked sidewalk, raised concrete, pothole, or other defect that caused your fall. Include close-up photos and wider shots showing the surrounding area.
- Photos of your injuries: Document visible injuries, such as bruising, swelling, cuts, or other physical signs of trauma.
- Witness information: Collect the names and contact details of anyone who saw the accident or may have information about the hazardous condition.
- Incident reports: If the accident occurred at a business or on managed property, report the incident and ask whether an incident report can be prepared.
- Surveillance footage: Nearby businesses or buildings may have cameras that captured the accident. This footage may only be available for a limited time.
- Maintenance records: Inspection reports, repair records, and previous complaints may help establish how long the hazardous condition existed and whether the responsible party knew about it.
Keep copies of all relevant documents and records. If you cannot gather evidence immediately because of your injuries, consider asking someone you trust to help.
What Should You Do After a Slip and Fall Accident on Uneven Pavement?
Taking a few important steps after a slip and fall accident may help protect your health and preserve information that could be useful if you decide to pursue a personal injury claim.
1. Seek Medical Attention
Your health should come first. Even if your injuries initially seem minor, it is important to get medical attention and follow your healthcare provider’s recommendations.
Some injuries, including head injuries, back injuries, and soft tissue damage, may not become apparent immediately.
2. Document the Accident Scene
If possible, photograph the exact location where you fell and the pavement condition that caused the accident. Try to capture the surrounding area, lighting conditions, and anything that may have contributed to the fall.
3. Report the Incident
If you fell at a business, shopping center, or apartment complex, notify the property owner, manager, or appropriate representative.
If the accident occurred on a public sidewalk, identify the relevant municipality or government entity.
Keep a record of when and how you reported the incident.
4. Keep Records of Your Injuries and Expenses
Save medical bills, prescription receipts, treatment records, and documentation of missed work. You may also want to keep a journal describing your symptoms, recovery, and how your injuries affect everyday activities.
5. Speak With a Personal Injury Lawyer
An attorney can help evaluate the circumstances of your slip and fall accident, identify potentially responsible parties, and explain what evidence may be needed to support your claim.
It is particularly important to seek legal guidance promptly if your accident occurred on a public sidewalk, because special notice requirements may apply.
Can You Still Recover Compensation If You Were Partly at Fault?
You may still be able to recover compensation even if your own actions contributed to the fall.
Wisconsin follows a modified comparative negligence rule under Wisconsin Statute § 895.045. This law allows an injured person to pursue compensation in certain situations where more than one party shares responsibility for an accident.
Generally, you may recover damages if your percentage of negligence is not greater than the percentage of negligence attributed to the person against whom you are seeking compensation. Your recovery is reduced by your percentage of fault.
For example, suppose you were walking along a damaged sidewalk and suffered $50,000 in damages. If you were found to be 20% responsible for the accident and another party was 80% responsible, your potential compensation would be reduced by 20%, leaving $40,000.
If your percentage of negligence is greater than the other party’s, you generally cannot recover damages from that party under Wisconsin’s comparative negligence rule.
The way fault is determined depends on the evidence and circumstances of the case.
What Compensation Can You Recover After a Slip and Fall Accident?
If another party’s negligence caused your injuries, you may be entitled to recover compensation for several types of losses.
Depending on your situation, these may include:
- Medical expenses: Emergency treatment, hospital visits, surgery, medication, physical therapy, and other reasonable medical costs related to your injuries.
- Lost wages: Income you lost because your injuries prevented you from working.
- Reduced earning capacity: Compensation for a reduced ability to earn income if your injuries affect your future employment.
- Pain and suffering: Physical pain and discomfort resulting from the accident.
- Emotional distress: Psychological effects associated with the injury and recovery.
- Loss of enjoyment of life: Compensation for limitations that prevent you from participating in activities you previously enjoyed.
The amount of compensation available depends on the severity of your injuries, the evidence supporting your losses, and the specific circumstances of your claim. Your percentage of fault, if any, may also reduce your recovery.
How Long Do You Have to File a Slip and Fall Claim in Wisconsin?
Wisconsin generally has a three-year statute of limitations for personal injury claims. However, special rules may apply when an injury involves a public sidewalk or government entity.
For example, slip and fall claims involving municipalities may be subject to specific notice requirements under Wisconsin Statute § 893.80. Certain sidewalk defect claims may also be subject to the requirements of § 81.15.
These requirements can involve deadlines that are significantly shorter than the general personal injury filing deadline.
If you were injured on a public sidewalk, it is especially important not to delay seeking legal advice. Missing an applicable notice deadline could affect your ability to pursue compensation.
Speak With a Wisconsin Slip and Fall Lawyer
A slip and fall accident caused by uneven pavement can result in painful injuries, unexpected medical expenses, and time away from work. If your fall was caused by a dangerous condition that another party was responsible for addressing, you may have legal options.
At Bykhovsky Law, we help injured individuals understand their rights and explore their options after a slip and fall accident. We can review the circumstances of your fall, help identify potentially responsible parties, and explain how Wisconsin personal injury laws may apply to your situation.
Contact Bykhovsky Law today for a FREE CONSULTATION with our slip and fall attorney. We are here to help you understand your legal options and take the next steps toward pursuing the compensation you may deserve.
This article is for informational purposes only and is not legal advice. Every slip and fall case is different, and the right to recover compensation depends on the specific facts and applicable Wisconsin law.
