Legal Question in Personal Injury in Wisconsin

Re: Rental Properties and Accidents that occur while renting

As stated in the two other replies in this matter, insurance for the rental property will likely be the most convenient source of recovery. You should also note that because the accident happened in Wisconsin, the incident will be governed by Wisconsin law, and you may be best served seeking a Wisconsin licensed attorney. Our founding partner John Foy is from Wisconsin, and if you would like a referral to a Wisconsin lawyer, please feel free to contact us.

Re: Rental Properties and Accidents that occur while renting

You have potential actions against both the landlord and the company that manufactured the stove. If the stove had been worked on, you may also have an action against the repair firm or person. You should see an attorney fairly soon, so you can coordinate your wife's medical treatment with the gathering of information relating to it for settlement discussions. Until this gets near any statute of limitations deadline, your primary concern can be to focus on the medical attention your wife needs to accomplish as near a full recovery as possible. Early determination as to who you will select to represent you will also help you gather the appropriate information as to wage loss, loss of companionship, pain and suffering, and the like. I wish your wife a speedy recovery and i wish you both good luck in arriving at an appropriate resolution to her claim.

Re: Rental Properties and Accidents that occur while renting

Under Wisconsin law, there is normally a three year statute of limitations which will require you and your wife to settle your claims or commence a lawsuit within three years from the date of her accident injuries. If a lawsuit will need to be filed, it will have to be handled by an attorney licensed to practice in Wisconsin, or with approval of the Court allowing a non-Wisconsin-licensened attorney to appear in the Wisconsin Courts. These types of cases often come down to whether it can be shown that the owner or maintenance company of the property had notice of the potential probs. with the stove before your wife's accident occured. There may be ways to prove the notice by way of other vacationers, inspections, etc., but that will require some investigation. Liability insurance policies often contain different coverages for both medical expense coverage and liability coverage. The medical expense coverage, if available, will cover medical bills, up to a certain limit, often $1000-$5000, for medical expenses,and is generally available to someone injured on the property, irrespective of liability. The liabilty coverage, probably a significant limit, often $100,000 or higher, will cover medical expenses, wage losses, pain & suffering, etc., only if the insured is negligent in this case. There may be potentially multiple sources of recovery in a case such as this, but some investigation will need to be done to determine that. Certainly, if you or your wife have any questions or wish to discuss this further, feel free to contact me or my partners.

Re: Rental Properties and Accidents that occur while renting

You may want to view this situation two ways. First, if your question is limited to finding insurance to pay for the medical bills, many homeowners or rental property insurance policies have coverage for "medical payments." If an insurance policy exists and if the policy has med pay coverage, then you need to contact the owner/management company/insurance company to make your claim.

If your question is broadened to include potential civil remedies, you might have claims against the owners, management company, maintenance organization and/or the stove's manufacturer, for example. If such a case can be made against these entities or others, your recovery could include not only medical expenses, but also other compensatory damages for things such as wage loss, pain and suffering, etc. To pursue civil remedies, fault must be proven. To obtain med pay benefits, fault is not a factor.

Re: Rental Properties and Accidents that occur while renting

There are multiple potential parties against whom claims may be asserted. Additionally there may be property insurance available against which claims for medical expenses can be maintained. Your best bet is to consult with legal counsel to assess the liabililty aspects of the case, and to further fully develop the facts as to what took place and why. There may be the need to access the faulty equipment for purposes of testing and inspection with a view toward a products liability claim. All of these issues suggest contact with legal counsel as soon as is possible.

I hope your wife is doing better, and can look forward to a good recovery. Please contact this office if you wish to discuss this matter further.

Jim Hough

770-607-5300