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Why Ice-Related Slip-and-Fall Cases on Commercial Property Can Be Complex
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.
1. Joint Liability
In commercial property slip-and-fall cases, multiple parties may be responsible, including the property owner (who may not even be on the property at the time of the fall), the manager of the business, employees who have been tasked with the job of snow shoveling, or a snow removal or maintenance company hired to clear sidewalks and otherwise handle snow-removal duties for the commercial entity.
How to Help Prevent Serious Injuries in Motorcycle Accidents
Fall is a popular time to hit the road to enjoy the colorful foliage, and with the ideal mix of warm days and cool nights, there is no better area to enjoy the show than in Wisconsin. To many, the only thing that makes this better is to witness this spectacle of nature astride a motorcycle. Yet nothing can ruin your autumn ride like a serious motorcycle accident. Before you hit the road, it is a good idea to familiarize yourself with the state’s basic motorcycle regulations, and if you become involved in a collision, you should speak to an attorney to determine your options for recovering compensation.
Wisconsin Motorcycle Regulations
- Headlights: Use of headlights is required at all times, including daytime.
- Modulating headlights: These are permitted under the Code of Federal Regulations.
- Eye protection: Shatterproof protective eyewear is required except for cycles with a windscreen that extends at least 15 inches above the handlebars. Dark or tinted eye protection—such as sunglasses— cannot be worn at night or in low-light conditions.
When Can I Pursue Compensation for an Injury from a Dangerous Product?
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.
When Is Real Estate Litigation Necessary to Address a Mechanic's Lien?
Homeowners often hire a general contractor to perform work on their property. The general contractor, in turn, may hire subcontractors to fulfill specific tasks. When the homeowner pays the general contractor their fee, they may assume that the general contractor will be found at fault if a subcontractor is not paid by the general contractor. However, in some cases, a mechanic's lien may be placed against the homeowner if a subcontractor does not receive payment, and real estate litigation may be necessary to settle issues related to these types of liens.
What Is a Mechanic's Lien?
Mechanic's liens laws, also sometimes called "construction liens, " provide security for laborers and suppliers. The term "mechanic" refers to a physical laborer, such as a construction worker. A lien is the right given to another party by a homeowner to secure a debt. Mechanic's liens give homeowners the incentive to provide laborers with timely and reasonable payment for their work by putting the homeowner’s land up as collateral if payment is not received.
When Is Litigation Necessary to Resolve Business Disputes?
Litigation refers to the activities and procedures of filing and prosecuting a court case. In civil cases, litigation involves a plaintiff seeking redress (compensation) from a defendant. A business can be included in all kinds of commercial litigation, but due to the cost of civil litigation, many businesses instead opt for mediation or arbitration. Business owners are understandably reluctant to engage in costly and possibly brand-damaging legal cases. However, there are instances where civil litigation is unavoidable. The decision to pursue litigation should always be made with the help of a knowledgeable attorney, and a business owner should consider all the relevant factors present in their potential case.
1. Is it Worth The Cost?
Any good business owner spends their money wisely. Litigation can be costly and time-consuming. A plaintiff may spend years in court pursuing a lawsuit, and much of an award resulting from a favorable verdict or settlement may go towards court costs, defeating the purpose of their claim. In other cases, a business that is a defendant might eventually win the case but have their ability to do business harmed due to a loss in reputation. In such circumstances, mediation or negotiation may be preferential.
Frequently Asked Questions About Expungement in Wisconsin
So far in 2019, Wisconsin has seen the beginning of the reinstitution of pardon policy by the Governor and passage of an expungement reform bill by the state Assembly. If approved by the state Senate, this bill would expand the age range in which expungements are available to previous offenders and go a long way to address unnecessary restrictions that have been placed on expungement petitions by several court of appeals decisions. A Pardon Advisory Board was named by Governor Evers this summer, which will help to facilitate the pardon process, and will allow pardons to be considered and approved, for the first time in over eight years.
It is important to understand that executive pardons and expunging of conviction records are not the same thing. A governor’s pardon does not expunge (clear) a criminal record; but rather it relieves the person pardoned of the disabilities of a criminal conviction. Expungement under current Wisconsin statutes (973.015) seals a criminal case file. However, it does not clear an arrest and conviction record off of the Crime Information Bureau records in Madison, and it may or may not remove the case from the publicly accessible Circuit Court Access Program (CCAP).
What Are the Most Common Forms of Nursing Home Abuse and Neglect?
Elder abuse and neglect is all too prevalent in today’s world. As baby boomers continue to age, the number of individuals in nursing homes continues to increase. In order to monitor and attempt to reduce the number of abuse victims, the National Center on Elder Abuse studies the trends and prevalence of elder abuse in America. According to one of their studies, it is estimated that 1 in 13 older adults had been victims of at least one form of elder abuse in the previous year. One of the most devastating statistics reveals that those who suffer from dementia become even greater targets. According to a 2009 study, almost 50% of people with dementia experience some form of abuse.
These statistics are discouraging, especially for those whose only option is residing at a nursing home. Knowing the different types of abuse and recognizing their identifiers can help save elderly victims and hopefully lower the number of individuals that suffer from nursing home abuse.
What Is Misrepresentation in a Real Estate Litigation Case?
Misrepresentation is the misstating of facts relevant to a property during a real estate transaction, and it is the most common claim made in real estate litigation cases. Misrepresentation typically takes the form of massaging facts to seduce the buyer into purchasing. Misrepresentation can include outright fraud, but it is mostly thought of as the gross exaggeration of the features relevant to real estate.
Misrepresentation in Real Estate Litigation
Misrepresentation is a thorny issue, because it can be subjective. Real estate agents use hyperbole and exaggeration constantly when dealing with clients. A seller may use colorful language to entice a person to buy real estate, but if an exaggeration or misstatement has a significant financial impact, the buyer may have recourse to seek compensation. Misrepresentation mainly pertains to the hard facts and whether the approximation of the seller is more correct than wrong.
What Are the Potential Charges for Retail Theft in Wisconsin?
The definition of theft varies greatly, and so do the offenses that fall under this category. From taking a candy bar from a store shelf to providing false receipts to obtain a loan, there are a wide range of theft charges that a person may face in Wisconsin. For those accused of shoplifting, it is important to know the charges that may be tied to retail theft, especially since they depend upon the value of the items that were allegedly stolen and the type of theft being alleged.
What Are the Different Types of Shoplifting and Theft Charges?
Shoplifting, a.k.a. “Retail Theft”, includes more than just taking an item off the shelf. In fact, Wisconsin statutes list eight different ways in which a person’s actions can be considered retail theft. According to Wisconsin statute 943.50, a person can be penalized if they do any of these actions without a merchant’s consent and with the intent to permanently deprive the owner of possession of the item or the full purchase price of the item:
How Does the Pardon Process Work in Wisconsin?
After Governor Tony Evers’ election and first six months in office, the chance for a fresh start has been restored to those who have a criminal record. Offenders can now apply for pardons for the first time since Evers’ predecessor Scott Walker halted the process eight years ago. Evers has reformed the Pardon Advisory Board, which consists of nine members who consider pardon requests and provide recommendations to the governor. Anyone who is seeking a pardon should understand the steps that will be followed.
What Does the Process Look Like?
The pardon process begins with an application that is submitted to the Pardon Advisory Board. Pardons will be considered for those who have been convicted of a felony in Wisconsin, completed their entire sentence at least five years ago, and have not been convicted of any new criminal offenses since completing their sentence. However, not all offenders can apply: anyone on the sex offender registry is ineligible.
