By: Attorney Jason Luczak

Here at GRGB Law, our attorneys provide representation for clients in multiple types of legal matters, including family law, business law, civil litigation, criminal defense, personal injury, and much more.  We regularly publish blogs covering a variety of topics related to these legal fields, and we strive to keep our clients and the readers of our blog updated on legal developments and issues that can affect their lives. We wanted to highlight the blogs that visitors to our website read the most during 2022:

1. Circumstantial vs. Direct Evidence in Wisconsin Criminal Cases - Criminal prosecutors may rely on different types of evidence as they attempt to demonstrate beyond a reasonable doubt that a person committed an offense. In this blog, we look at the different types of evidence that may be used. Our attorneys ensure that our clients are prepared to address the evidence in their cases, and we fight to protect their rights when defending against criminal charges.

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Business owners have multiple options during the business formation process as they determine how a company should be structured. In many cases, structuring a business as a limited liability company (LLC) can provide advantages, since this type of structure will shield business owners from being personally liable for business debts while providing them with flexibility as they determine how to manage and operate their business. However, it is important for LLC owners to understand the laws that may affect their businesses. On January 1, 2023, a new Wisconsin law went into effect that may impact LLC members and managers.

Changes to LLC Laws in Wisconsin

The Wisconsin Uniform Limited Liability Company Law (WULLCL) has made a number of adjustments to the regulations and requirements that apply to LLCs, including:

• Operating agreements - Most LLCs use a written operating agreement to set forth the rights and responsibilities of members and make decisions about the management of the company. Under the WULLCL, multiple types of operating agreements are recognized, and in addition to written agreements, members may be bound by oral agreements, implied covenants, or a combination of different types of agreements. Because of this, it is important for a business to have a written operating agreement in place that covers all applicable issues and requires changes to the agreement to be made in writing.

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The state of Wisconsin provides residents and visitors with many opportunities to enjoy the outdoors during the winter, including skiing or snowboarding at a variety of ski areas and resorts. However, these activities can be dangerous, and accidents can occur that may result in serious injuries. In these situations, injury victims may wonder whether someone else was at fault for the harm they have suffered and whether they can file a lawsuit against a ski area or another liable party and pursue compensation for their damages. If you have been injured, understanding the laws that affect these cases in Wisconsin can help you determine your options, and by working with a personal injury attorney, you can take steps to identify the liable parties and pursue the compensation you deserve.

Types of Skiing and Snowboarding Injuries 

Skiing and snowboarding injuries can vary widely depending on the circumstances surrounding an accident. Common types of injuries include broken bones, head trauma, sprains and strains, spinal cord damage, and other serious physical harm. In some cases, these injuries may occur because of errors made by a skier or snowboarder, such as using a trail that is too difficult for their abilities or attempting dangerous tricks or stunts. However, injuries may also be caused by the negligence of other parties, such as a ski resort operator who failed to properly maintain trails, a ski rental company that did not ensure that equipment was safe to use, or other skiers or snowboarders who acted dangerously and put others at risk.

Liability for Skiing and Snowboarding Injuries

In order to successfully file a lawsuit for an injury sustained while skiing or snowboarding, you must have clear evidence that another party was responsible for causing your harm. There are certain duties that apply to both ski resort operators and people who are skiing or snowboarding. In general, skiers and snowboarders are required to obey posted signs or other types of warnings, stay within the bounds of a ski area, understand and act within the limits of their abilities, maintain a safe speed and control their direction, be able to avoid colliding with other people or objects, yield to others when necessary, avoid obstructing trails, and be able to safely board and deboard ski lifts. Skiers and snowboarders are required to accept the risks of these activities, as well as safety issues related to weather, snow conditions, variations in terrain, and obstacles such as rocks, trees, signs, and equipment.

by: Paralegal Sarah Reckling

A frequent issue that arises in insurance is the extent to which a standard CGL policy covers contractor liability. In my most cases, the issue is not of fact, but of liability insurance language. An insurer, regardless of whether the allegations are covered, must provide a defense of the entire lawsuit. If an insurer wrongfully fails to provide a defense, then the insurer is responsible for the damages to the insured (potentially including attorney’s fees). 

An insured can establish a claim as covered under the policy when there is a defined “occurrence,” giving rise to a qualifying “bodily injury” or “property damage.” It is worth noting that exclusions and ambiguities will be narrowly construed against the insurer. 

By: Attorney Chris Strohbehn

According to the National Highway Traffic Safety Administration (NHTSA), in 2020, 6,516 people were killed in pedestrian accidents in the United States. This equates to one pedestrian being killed every 81 minutes. In addition, around 55,000 pedestrians suffered non-fatal injuries in motor vehicle collisions. While pedestrian accidents can occur nearly anywhere and at all times of the day or night, there are certain factors that play a role in these accidents more often than others. If you or a loved one have been involved in a pedestrian accident, it is important to understand the most common causes so that you can identify the person or parties who were responsible and pursue financial compensation for your damages. 

Forms of Driver Negligence That Can Lead to Pedestrian Accidents

Because pedestrians are at risk of being seriously injured when they are struck by vehicles, drivers should take care to protect the safety of people who are crossing the street or walking near the road. Drivers who act unsafely or violate traffic laws can seriously injure pedestrians. Some common violations committed by drivers that may result in pedestrian injuries include: