Wanezek, Jaekels, Daul & Babcock, S.C. Attorneys at Law — Founded 1908

SLIP AND FALL CASE / PUBLIC SIDEWALKS

n Dezoma v. Cincinatti Ins. Co. 2009AP2939 (Feb 23, 2011) Dezoma claimed that where she slipped on a public sidewalk while exiting a private building, liability attached to the owner of the private building.  Dezoma indicated at her deposition that the sidewalk was the area of the injury.  The defendant moved for summary judgment arguing the private building owner was not liable for injuries sustained on a public sidewalk.  Though, in argument, Dezoma argued that a downspout attached to the private building created an artificial hazard upon which Dezoma tripped, the courts factual record did not indicate as much.  Further the court held that since the private property owner did not exercise exclusive dominion and control over the sidewalk that the safe place statute did not extend liability to the sidewalk.  Dezoma’s claims were dismissed on summary judgment. 

Slip and fall cases are notoriously difficult, especially in Wisconsin where snow and ice form hazard for 6 months out of the year.  Consult with Warren Wanezek or David Daul for an evaluation of your claim.