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I broke my ankle when I slipped and fell on some steps at the mall. I was holding a large box, so the manager said it was my fault. But I fell because the step was loose. Who is responsible for my Wisconsin slip and fall accident?

Sometimes, slips and falls—even slips and falls on stairways—are entirely our own fault. They may be due to carelessness, clumsiness, poor shoe choice, or lack of caution. In other cases, stairway accidents can be easily attributed to the property owner. The stairway may not meet building codes, it was poorly lit, there was damage to steps, or there was debris that contributed to the fall.

It may not be surprising that in almost every Wisconsin slip and fall case, the insurance company will consider whether the victim’s own carelessness contributed to the stairway accident. The insurance company will take into account what you were doing, what you were wearing, and whether you were acting with reasonable care when your injury occurred. They might decide that you are partly to blame for the accident. The term "comparative negligence" is used when both the victim and the property owner are found at fault for an injury. 

So, who is responsible for your Wisconsin slip and fall accident injury? It’s hard to tell without an investigation. Some things a Milwaukee injury attorney will consider when determining liability are:

  • How long has the step been loose?
  • Did the property owner or manager know about the loose step? Should they have known?
  • Were there hazard signs, construction tape, or other warnings posted to alert you to the loose step?
  • Is it reasonable to expect that people using the stairway would be carrying large objects?
  • Would you have fallen on the loose step if you were not carrying the box?
  • Have others been injured on the same step?

Because every case is different, we suggest that you contact a Milwaukee slip and fall lawyer at Hupy and Abraham immediately to schedule a free consultation. The attorney will investigate your claim and determine who is liable for your injuries. Call Hupy and Abraham today at 800-800-5678. Both the call and the consultation are free.

Jason F. Abraham
Managing Partner, Hupy and Abraham