Taking Legal Action After You Get Seriously Hurt at a Business

 Posted on July 10, 2025 in Personal Injury

When you visit a store, restaurant, or other public business in Milwaukee, you expect a safe environment. Rarely are visitors at any business on the lookout for dangers like heavy falling items, slippery floors, or uneven surfaces and trip hazards. Unfortunately, though, accidents do happen on business premises every day.

Serious injuries in commercial spaces are more common than most people realize. If such an injury has happened to you or a loved one as a result of a property owner’s negligence, you may be able to seek justice for your injuries.

Knowing your rights under Wisconsin law can help you pursue compensation for medical bills, lost wages, and other damages after such an incident. Talk to our Milwaukee, WI premises liability attorneys to learn more.

What Responsibilities Do Businesses Have to Keep Customers Safe?

In Wisconsin, business owners and operators have a legal duty under the Wisconsin Safe Place Statute to maintain their premises in a reasonably safe condition for customers and visitors. This obligation includes inspecting premises for hazards, promptly fixing known dangers, and warning customers about risks that cannot be repaired right away.

This legal duty applies to a wide range of businesses, including gas stations, grocery stores, big-box retailers, bars, and hotels. When a property owner fails to meet this standard of care and a customer is injured as a result, they may be held liable under Wisconsin’s premises liability laws.

Common Examples of Serious Business-Related Injuries

Serious injuries in businesses can happen in many ways. For example, a Costco customer in California recently claimed to have suffered significant injuries when an alcohol display shelf collapsed on her, causing glass bottles to shatter all around. Similar incidents have happened in grocery stores and warehouse-style retailers nationwide, where improperly stacked merchandise has fallen on customers.

Slip-and-fall accidents are another leading cause of injuries. In grocery stores, customers often fall on wet floors with no warning signs or spilled products left uncleaned. These incidents can lead to fractures, concussions, and even serious injuries like spinal cord damage or a broken hip. Elderly customers are at particular risk of severe injuries from a slip-and-fall accident.

Restaurants and bars likewise present risks when management does not address hazards like loose carpeting, broken chairs, or inadequate lighting in stairwells. In hotels, guests may be injured due to unsafe balconies, malfunctioning elevators, or poorly maintained pools.

What Should You Do After an Injury in a Business?

If you are hurt in a business, your immediate focus should be on your health. Seek medical care right away, even if your injuries seem minor at first. Some injuries, such as concussions or internal bleeding, may not show symptoms until hours or days later.

Once you are safe, take steps to protect your legal rights. Report the incident to the business manager or owner and request that they create a written report. If possible, take photographs of the hazardous condition before it is cleaned up or repaired. Collect the names and contact information of any witnesses who saw the accident or the danger that caused it.

You should avoid giving detailed statements to the business’s insurance company. Insurance adjusters often contact injury victims quickly and attempt to settle claims for less than they are worth. Do not sign any documents or accept a settlement offer before talking to an attorney.

Anything you say could be used to weaken your claim. Insurance representatives will often try to ask questions that seem like innocent fact-gathering. In reality, these questions are designed to get victims to say things like "I’m not sure," or "Maybe I would have seen it if I was not on my phone." Do not fall for these tactics; let our attorney do the talking.

How Can You Prove a Business Was at Fault?

In a Wisconsin premises liability case, the injured person must show that the business knew or should have known about the dangerous condition and failed to address it. This often requires demonstrating that the hazard existed for a long enough period that a reasonable owner would have discovered and corrected it.

For example, if a spill occurred in a supermarket aisle and employees ignored it for hours, the store may be found negligent. However, if a customer dropped a glass jar seconds before another shopper slipped, proving fault may be more challenging.

What Compensation May Be Available After a Business Injury?

Victims of serious business-related injuries may be entitled to recover damages for:

• Medical expenses, including hospital bills, surgeries, and ongoing rehabilitation.

• Lost income from missed work during recovery.

• Pain and suffering caused by physical and emotional trauma.

• Future medical care and reduced earning capacity in severe cases.

Wisconsin law has deadlines, known as statutes of limitations, for filing personal injury claims. Generally, you have three years from the date of the accident to file a lawsuit. Missing this deadline can result in losing your right to seek compensation.

How Businesses and Insurers Defend Against Injury Claims

Property owners and their insurance companies often fight hard to avoid paying damages in premises liability cases. Common defenses include arguing that the injured person was not paying attention or that the hazard was so obvious it should have been avoided. They may also claim that the danger was created moments before the accident, leaving no reasonable time for staff to discover and fix it.

For example, in a grocery store slip-and-fall case, a store might argue that another customer spilled a drink seconds before the accident occurred, making it impossible for employees to clean it up in time. Businesses may also argue that the injured person was wearing unsafe footwear or engaged in risky behavior that contributed to the fall.

While you may not know exactly which tactics a business will use to try to deny your claim, you can be sure they will not willingly pay out your demands. Having a strong, experienced attorney with the resources and skills to gather evidence and argue negligence can make all the difference in your case. Having a great attorney on your side increases the chances that a business will offer a fair settlement rather than risk going to trial.

Contact a Milwaukee, WI Premises Liability Lawyer

If you were seriously injured while visiting a business, contact a Milwaukee, WI personal injury attorney at Gimbel, Reilly, Guerin & Brown, LLP. Our firm helps injury victims pursue compensation and hold negligent business owners accountable. Call 414-271-1440 to schedule a free consultation today.