Legal Question in Personal Injury in Wisconsin
Slip and fall while incarcerated
I am inquiring about who's liable for doctor bills, medication, etc. My son was extradicted to Wisconsin from the Michigan penal system over 2 months ago for a burglary. He went through his trial and was acquitted of all charges, but he still has time to serve in Michigan. While he was waiting to be transported back to Michigan he slipped and fell coming out of the shower and broke his hand.This was not involving any officers or other inmates. He simply slipped and used his hand to break his fall. I am having a tough time getting any information from the jail officials, apparently this happened over a week ago, they said he had swelling and then couldn,t get an appointment with the doctor to put a cast on, so he went a whole week with it just wrapped. Now they won,t even tell me if he has been to the doctor yet. They did tell me that he was responsible for the bills. Don't they have insurance for accidents? He is still in Wisconsin waiting to be transfered.
3 Answers from Attorneys
Re: Slip and fall while incarcerated
There are really two issues here. One, whether the State is legally responsible in TORT law for your son's bills. Two, whether the State is legally responsible for your son's bills simply because he is a prisoner. I am not qualified to answer the latter question as I focus on Wisconsin personal injury cases and wrongful death litigation here in Wisconsin. However, as to the first question, the State may possibly be held responsible if it was negligent and this is a fact dependent inquiry. If you son slipped on his own for no reason other than his own negligence, then no recovery is possible. If you have other similar Wisconsin personal injury questions, please feel free to see my web site at www.frankpasternak.com. Also, if your son is primarly at fault (e.g. >50%), then no recovery is possible. Thanks.
Re: Slip and fall while incarcerated
No. They don't have insurance. Y^ou would have to check with a Wisconsin attonrey to see who pays the bill.
Re: Slip and fall while incarcerated
Unfortunately, I do not practice the type of law encompassed by your question. I just do medical malpractice work. I can tell you, though, that if your son wishes to make a claim against the state of Wisconsin for negligence, he must file a notice of claim with the Wisconsin attorney general's office within 120 days of the injury. The statute that applies to such claims is Wis. Stat. sec. 893.82 (1999-2000). Regarding medical care, I believe that the state of Wisconsin has an obligation to provide such care to prisoners in the custody of the state. It is possible, though, that your son will be responsible for such expenses. Although I do not handle the type of case that you have described, my son, James P. End, is a lawyer at a firm that represents prisoners in claims such as your son's. My son practices in Milwaukee. If you would like to contact him with your question, his phone number is 414-271-1972, ext. 19.
I am sorry that I cannot be of more help to you.
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