The Duty to Keep Premises Safe in Wisconsin
Premises liability places a legal duty on property owners to keep conditions on the property reasonably safe for visitors.

November 12, 2011 /24-7PressRelease/ -- The Duty to Keep Premises Safe in Wisconsin

The concept of "premises liability" places a legal duty on a property owner (or property holder) to keep conditions on the property reasonably safe for visitors. This type of liability reaches several common situations, including:
-The duty of a landlord to keep rental property safe for tenants and their guests
-The duty of a commercial enterprise to keep premises that are open to patrons safe for transacting business
-The duty of an employer to maintain a safe workplace for employees
-The duty of a homeowner to provide a safe environment for visitors

Commercial property owners, and most homeowners, have liability insurance designed to cover liability for injuries sustained by visitors to their premises.

Types of Injury

Of course, the types of unsafe conditions and resulting injuries caused by premises liability are endless, but some of the more well known include:
-Being injured as a result of a structural defect or failure in a home, apartment building or commercial building such as the collapse of a porch or roof that was not properly built or maintained
-Injuries from failing to warn of dangerous conditions on or around worksites
-Falling while ascending or descending stairways with insufficient railings or on uneven stairs or surfaces or which constitute building code violations
-Being the victim of a crime on premises with inadequate security
-Being exposed to a dangerous substance in a building
-Being burned or injured by smoke inhalation in a building without required fire safety devices such as smoke detectors and fire extinguishers
-Falling after stepping on slippery substances or surfaces including ice or snow accumulations which have been neglected or ignored by a commercial building owner

Safe-Place Statute

The "safe-place statute" is an important Wisconsin state law first passed in 1911 that requires employers, owners of places of employment and owners of public buildings to provide safe premises to employees and members of the public. By "public building" the law does not just refer to government-owned structures, but to those visited by the public, usually commercial establishments.

A person injured at a workplace in Wisconsin, or in a store or other business, may bring a lawsuit alleging violation of the safe-place statute. The statute imposes liability for damages from injuries caused by unreasonably dangerous conditions and structural defects.

Negligence

This injured individual may also have grounds to bring a second claim against the owner or proprietor -- one for negligence -- that alleges the injury was caused by breach of the duty of due care in maintaining safe premises. However, the responsibility imposed by the safe-place statute is considered a higher standard of care than the due care standard of negligence.

Premises liability questions can be complex and anyone injured on property owned or operated by another should consult with a personal injury attorney as soon as possible to learn about the legal options for recovery. Depending on the situation, there may be additional legal remedies for premises injuries like workers' compensation or product liability claims.

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