By Attorney Chris Strohbehn

If you live in Wisconsin, you know what comes after fall: winter, which usually involves plenty of snow and ice. Unfortunately, these conditions can bring another type of fall—one that causes injury. But when a slip-and-fall accident happens on a commercial property, who is responsible? The answer can be complex.

In Milwaukee, like many Wisconsin cities, “property owners and occupants of private property (commercial and residential) are required to clear sidewalks abutting their property of snow or ice within 24 hours after snow has stopped falling,” or they may face fines. While this requirement seems to place responsibility on a property owner or tenant to ensure that a sidewalk is safe, in many Wisconsin ice-induced commercial slip-and-fall cases, determining who is at fault is rarely so straightforward. There are a variety of reasons why this is so.

In 2011, former Wisconsin Governor Scott Walker signed the Omnibus Tort Reform Act, which changed preexisting state laws related to product liability. In particular, Chapter 895 of the Wisconsin Statutes was altered extensively. These changes placed a greater burden on plaintiffs when filing a personal injury lawsuit against a manufacturer or distributor of a potentially dangerous product.

The Reason for the Law Change

The legislative history of Wis. Stat. §895.046 reveals that the legislation was prompted by two Wisconsin Supreme Court decisions, Collins v. Eli Lilly Company, 116 Wis.2d 166 (1984), and Thomas v. Mallet, 2005 WI 129, 285 Wis. 2d 236. Legislators determined that a change in the law was necessary to make Wisconsin a state that was “good for business” because they deemed the Mallet decision as creating a hostile environment for businesses.

Reasonable Alternative Design

Under the prior law, a plaintiff could prove injury using the “Consumer Expectations Test.” This test required plaintiffs to prove that the product was dangerous beyond what an ordinary consumer would expect it would be.

By Attorney Chris Strohbehn

Someone who is injured because of another person’s negligence may be able to pursue compensation through a personal injury lawsuit. There are various types of damages that a victim can receive compensation for, such as injuries that occurred and property that was damaged in the accident. However, it is important to follow the correct legal procedures in these types of cases. One type of situation in which a person may be able to pursue compensation from a property owner involves injuries that occurred because of inadequate security.

By Attorney Chris Strohbehn

Spending time on the water is a common pastime in Wisconsin because of the many bodies of water throughout our state. The most common way to do this is on jet skis and other types of motorboats. Since summer is such a popular time for visitors and owners of vacation homes to visit Wisconsin, the state’s waterways become much busier and more crowded than usual. Due to this influx of people and their boats, boating accident injuries become more likely to occur.

Mass tort actions are especially useful in certain types of cases, as they provide an efficient way for personal injury victims to receive the compensation they deserve. Pharmaceutical and medical device claims are often brought forward through a mass tort action. This is because these products, if defective, will likely injure a large number of people. 

What Is a Mass Tort?

While the word “tort” is commonly used in the law, many people without a legal background do not know what it means. A tort is an injurious act that occurs due to the fault of another. Car accidents and slip and fall cases are common torts, as are damages made to land or property. Thus, a mass tort action involves an injurious act or product that affects a large group (or mass) of people.

A court will have to approve a mass tort action in order for it to proceed. In making its decision, it will review the following: