Legal Question in Personal Injury in Wisconsin

If someone slips and falls in a business, and that business has paid all medical bill(s) and co-pays, are they still liable for lost wages, pain & suffering and so forth?


Asked on 7/20/10, 11:21 am

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

The answer to your question generlly depends upon whether the business was negligent and whether they were more or less negligent than the person who fell. I suspect that the business liability insurance policy has both medical expense coverage and liability coverage, and the payments for medical bills and co-pays is probably being paid from the medical expense coverage of the policy. That portion of the policy generally pays no matter who is at fault, but only if the person who fell was injured on the property. The liability coverage, which covers for lost wages, pain and suffering, etc, will only provide coverage if the person who fell can prove that the business was negligent, meaning that they had prior actual or constructive notice of a defect leading to the fall, and failed to act reasonably (this is a somewhat over-simlification) and that they were as much as or more negligent than the person who fell. I would suggest that you speak with a knowleageable personal injury attorney about the particular facts of the fall in order to get more detailed information and an opinion on the merits of the case. Also, normally for an adult who is injured in Wisconsin, there is a three-year statute of limitations which requires a settlement or starting a lawsuit within three years from the date of the fall, in order to recover money for the injuries and damages. If a municipality or govermental agency or the State was the owner of the property, additional notice requirements may also apply.

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Answered on 7/20/10, 3:45 pm


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