How To Find Out If You Are Liable For A Pedestrian Accident In Milwaukee

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1 BORGELT, POWELL, PETERSON & FRAUEN, S.C. ATTORNEYS AND COUNSELORS Established N. Water Street, Suite 1500 Milwaukee, WI (414) (Phone) (414) (Fax) Winter is Coming: An Interactive Presentation on Cold Weather Premises Liability Frederick J. Strampe Alan W. Ray Snowfall, with its attendant discomfort, is a small price to pay for the many advantages we enjoy as residents of this state. Walley v. Patake, 274 Wis. 580, 585, 80 N.W.2d 916, 918 (1957). One Wisconsin court has opined that the only thing we can say with authority about Wisconsin weather is that it changes frequently. Id. However, it can also be authoritatively stated that the frequently changing weather often leads to premises liability litigation. Perhaps the most common condition giving rise to premises liability claims in Wisconsin, at least during the nine winter months, is the presence of snow and ice. In fact, snow and ice claims are so regularly litigated that Wisconsin courts have recognized winter weather as the common enemy of all Wisconsinites. Id. Litigants are advised, however, not to use that common enemy as an excuse for missing court: [I]f people don t like the weather in Walworth County, Wisconsin let them move to Florida, but meanwhile, we have a calendar to call. Walworth County Health and Human Services v. Roberta W., 2009 WI App 1, 37, 315 Wis. 2d 771, 762 N.W.2d 864 (Ct. App. 2008) (unpublished). Throughout the presentation, poll questions will be posed to the audience. We invite you to respond to these questions by using your cell phone. You can respond on your cell phone in one of two ways: (1) Open your phone s web browser to pollev.com/wdc13 and click on your answer as the poll questions are displayed, or (2) Send a text message to with the keyword as the body of the text message. As you vote, the group s results will be displayed live on the screen. If you do not know the answer, go ahead and guess don t worry, your answer is anonymous. QUESTION 1 Which of the following animals make the best pets? A) Dogs (WDC01A) B) Cats (WDC01B) 1

2 QUESTION 2 Jane invited Ann over for dinner. When Ann arrived, Jane had not yet cleared the ice from her driveway. As a result, Ann slipped, fell, and was injured. What duty does a private landowner, such as Jane, owe to non-trespassers on her property, such as Ann? A) Ordinary care (WDC02A) B) As safe as the nature of the place would reasonably permit (WDC02B) C) It depends on the type of private property involved (WDC02C) QUESTION 3 The City of Milwaukee decided to reduce its budget by eliminating snow removal on all city sidewalks. Unfortunately, while the budget savings were realized, travel on the sidewalks became difficult. What type of duty does the City of Milwaukee have to maintain its sidewalks in a reasonably safe condition for travelers? A) Optional (WDC03A) B) Non-delegable (WDC03B) C) Secondary to other public safety functions (WDC03C) QUESTION 4 John owns a restaurant on the west side of Madison. There is a small parking lot on his property. There is also a sidewalk between his parking lot and the street. Because many of his customers park on the street and walk to his restaurant on the public sidewalk, he works very hard to remove snow and ice as quickly as possible. He keeps a shovel and a bag of salt near the door to the restaurant. In addition to periodically checking the lot, John routinely asks customers about the conditions of the parking lot and the surrounding sidewalks so that he can promptly address any concerns. Despite his best efforts, one evening a woman came into the restaurant indicating that her husband had just fallen on ice while exiting his car in the parking lot. True or False: John and his restaurant may be found liable for failing to maintain the parking lot as safe as the nature of the place would reasonably permit? A) True (WDC04A) B) False (WDC04B) 2

3 QUESTION 5 Later that evening, another incident occurred at John s restaurant. This time a man entered the restaurant and asked that an ambulance be called. He and his wife were walking to the restaurant on the public sidewalk after parking on the street. The wife slipped on ice and needed medical attention. True or False: John can be liable for the woman s fall on the public sidewalk as she was walking to his restaurant if John and the restaurant failed to keep the sidewalk as safe as the nature of the place would reasonably permit? A) True (WDC05A) B) False (WDC05B) QUESTION 6 Later in the winter John becomes involved in a dispute with the City of Madison. Because the City of Madison refuses to fix pot holes in the road in front of his restaurant, John stops removing snow and ice from the public sidewalk around the restaurant. John s dispute with the City of Madison results in the build-up of snow and ice on the sidewalk has become a hazard. What penalties may the City of Madison impose on John for his failing to remove snow and ice from the public sidewalk abutting his property? A) Fines (WDC06A) B) Removal charges (WDC06B) C) None (WDC06C) QUESTION 7 A local municipality was attempting repairs on its pool. Unfortunately, the repairs did not go as planned and a large amount of water was released. After the water froze overnight, a number of citizens were injured when they fell while walking on the ice. In determining whether the municipality is liable for the injuries, what is one of the key factors that a court examines? A) The size of an accumulation (WDC07A) B) The contribution of something defective and man-made to the accumulation (WDC07B) C) The length of time an accumulation has existed (WDC07C) 3

4 QUESTION 8 Without permission, Tim had previously ridden his snowmobile on his neighbor s private property. Without Tim s knowledge, his neighbor erected a fence on the property. After the fence was erected, Tim was again riding his snowmobile on his neighbor s property when he crashed into a fence and injured himself. Is the private property owner liable to Tim for his injuries because he erected a fence on his property? A) Yes, Tim was an invitee and the owner breached the duty of ordinary care (WDC08A) B) No, Tim was a trespasser on the neighbor s property (WDC08B) C) No, the neighbor is entitled to recreational immunity (WDC08C) QUESTION 9 Minnie Mouse was dancing on a public sidewalk next to Daisy Duck s house. She slipped on some ice and fell down. The source of the ice was traced back to a downspout that was affixed to the side of the house. Can Minnie Mouse sue Daisy Duck for failing to exercise ordinary care in allowing the downspout to drain onto the sidewalk where it is certain to freeze? A) Yes, Daisy Duck may be liable (WDC09A) B) No, Daisy Duck cannot be liable (WDC09B) QUESTION 10 Minnie Mouse retained an attorney to investigate the source of the water at Daisy Duck s house. The attorney determined that the water did not come from Daisy Duck s downspout. Had the downspouts been working, the water would have flowed into the street. At the time of Minnie Mouse s injury, the downspouts were clogged and water overflowed from gutter onto the public sidewalk. If the water accumulated on the public sidewalk because the downspouts were clogged and overflowed, can Minnie Mouse recover from Daisy Duck? A) Yes, Daisy Duck may be liable (WDC10A) B) No, Daisy Duck cannot be liable (WDC10B) 4

5 QUESTION 11 Amy and Sam slipped and fell on a natural accumulation of ice on a public sidewalk in Green Bay. The two decided to bring a lawsuit against the City of Green Bay for the injuries they sustained as a result. How long must the natural accumulation have been present on a municipality s property before Amy and Sam can bring a lawsuit against the municipality? A) 72 hours (WDC11A) B) 10 days (WDC11B) C) 3 weeks (WDC11C) QUESTION 12 Ted got out of his car to go to city hall. The night before, the city s sprinkler system had malfunctioned and caused black ice to cover the parking lot. Ted was injured when he slipped and fell. True or False: The municipality could be liable for Ted s injury even though the injury occurred less than three weeks after the accumulation occurred. A) True (WDC12A) B) False (WDC12B) QUESTION 13 Fact: Bucky Badger is walking along the sidewalk at Mayfair Mall. As he hurries to get inside from the cold, he trips on the joint between two concrete slabs. Bucky hires an attorney to investigate this loss and determine if he may sue the Mall. The attorney goes to the Mall and measures the difference in elevations between the two sidewalk slabs. What is the minimum elevation differential that Bucky Badger must show in order to maintain an action for a defective sidewalk under Wisconsin law? A) 1/2" (WDC13A) B) 2 (WDC13B) C) There is no minimum size for an actionable protrusion (WDC13C) 5