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Milwaukee Premises Liability Law Blog

Court rules against insurance company in liability case

The District II Wisconsin Court of Appeals ruled on Feb. 2, 2012, that an insurance company is obligated to cover a premises liability lawsuit on behalf of a client alleged to be negligent for serving alcohol to an underage guest.

According to court documents, a 21-year-old man hosted a party in a shed located on business property owned by his family. The man allegedly served alcohol to an underage guest. Later in the evening, the underage drinker allegedly assaulted and injured another guest at the party.

Wisconsin city plans crackdown on negligent landlords

Wausau, Wisconsin, is putting negligent landlords on notice. A proposed city ordinance would allow renters to get money back from landlords if the landlord does not properly maintain the property.

In addition to the proposed city sanctions, negligent landlords are also putting themselves at risk of premises liability lawsuits.

Studies indicate antidepressants may increase risk of falls

Recent European studies found that nursing home patients with dementia who are prescribed antidepressants have a significantly increased risk of having a slip and fall accident. This new information may be something for Milwaukee residents who have loved ones in an assisted living facility to take note of.

Researchers in the Netherlands analyzed the number of falls among elderly people with dementia between Jan. 1, 2006, and Jan. 1, 2008. They found nursing home residents taking antidepressants were three times more likely to have a fall that resulted in injury than those who did not take antidepressants.

Nursing home faces $200 million verdict for resident's death

Wisconsin nursing homes and assisted living facilities have a legal responsibility to keep their residents safe. When family members decide to transition the care of an elderly loved one to one of these facilities, it is because they believe the care their loved one would receive is better than what they could provide for them from their homes.

Sadly, when staff members are not properly trained, or facilities are understaffed, it is difficult to prevent broken bones, fractures or head injuries that occur because an elderly resident fell down. Such falls often lead to liability lawsuits.

Man sues town, homeowners for slip-and-fall accident

As our normal winter weather returns to Wisconsin, homeowners, business owners and municipalities have a responsibility to keep their sidewalks, driveways and roads cleared of snow and ice. Icy conditions can lead to a slip and fall accident, which could result in a lawsuit.

A recent case in Newtown, Connecticut highlights the potential pitfalls of icy sidewalks and parking lots.

Three die in rental property fire -- possible landlord negligence

Wisconsin landlords are responsible for maintaining their rental properties. However, when a negligent landlord fails to maintain a rental home properly, accidents can happen. Prior to renting property to tenants it is a landlord's responsibility to ensure the safety of the property. It is also their responsibility to keep rental units up to code by maintaining running water, electricity and a working heat source -- especially in our state's harsh winters.

A landlord in Columbus, Ohio, did not ensure that the property he was renting met up to these standards, demonstrating the importance of proper maintenance in order to avoid tragic results and potential premises liability lawsuits.

Dog attacks two Adell women

Dog owners pay attention, if your dog attacks someone or has a propensity for damaging property, you will be held liable under Wisconsin law. Recently, a German wirehaired pointer attacked two Adell, Wisconsin women in their home December 22, 2011.

Emergency responders transported a 23-year-old woman and a 42-year-old woman to a local hospital for treatment following the animal attack. Medical authorities expect the 42-year-old woman to need reconstructive surgery to repair damage the dog did to her face.

Elevator accident leads to tragic death

Unfortunately, accidents can happen any time in Wisconsin buildings. Often older buildings require greater care as they age and with that increase in care come an increase in the cost of building upkeep. Unfortunately, in an effort to cut costs, building owners are not always as vigilant as they should be in maintaining their property. It is when that happens that accidents can occur. Sometimes, those accidents can even lead to the death of building occupants.

A recent New York City elevator accident emphasizes the need for certain elevators to be properly maintained to avoid premises liability lawsuits.

Appleton school board may face lawsuit over severed pinky

The Appleton Board of Education said it would not compensate a girl who lost part of her pinky in an accident on Madison Middle School's bleachers. According to her lawyer, the next step will be to begin a premises liability lawsuit against the school district.

According to the girl's liability claim, the girl was climbing up the outside of a closed section of bleachers to fetch a volleyball during her physical education class in the spring of 2011. The girl's physical education teacher allegedly knew the girl was climbing the bleachers to retrieve the ball and did not try to stop her.

Winter's here again: keep yourself safe in slippery conditions

As winter brings its unpredictable weather to Wisconsin, snow- and ice-covered parking lots and sidewalks can lead to slips and falls. Responsible business owners must take proper steps so they do not find themselves facing a lawsuit for a slip and fall accident. Homeowners can also benefit from the following tips to ensure everyone's safety.

Proper snow removal is critical to avoid snow and ice hazards. Generally, falling snow needs to be cleared intermittently once it begins falling. Shoveling can't wait until it piles up. Parking lots and sidewalks should be cleared a final time after the snow stops falling.