More details to this question:
On January 10, 2017, my son arrived at school at 7:40am and on his way into school he slipped and fell on ice and subsequently fractured his ulna bone and broke the distal bone in his right arm at approximately 7:45am. The weather and icy road conditions were a major factor regarding my son’s slip and fall. Weather reports on the previous day had warned the community of the dangerous, icy, and slippery Tuesday morning commute due to the freezing rain. My son’s father, had observed the vendor in the northeast corner of the rear parking lot just preparing to salt the roadway. Upon his return at 7:50am he notice the vendor’s employees starting to salt the walkways near the front entrance. Would the school be liable for not salting prior to children entering the building prior to the start of school?
1 ANSWER
4 Awards
You would have the right as the parent of a minor child, to make a claim for personal injury in his behalf. Since the claim is against a governmental entity, you will be required to provide a written notice of claim by personal service on the governmental agency, body, branch in charge of the school district. Failure to provide such written notice of clam within 120 days of the accident under WI law, will forerver bar the claim. If you file the notice of claim and it is formally disallowed, it shortens the statute of limitations to commence a lawsuit froom the typical 3 years from the date of the accident to 6 months after the disallowance is recevied. I recently wrote a blog at our law firm's web site under personal injury injuries of the complexities of this statute. You are well advised to consider hiring a personal injury lawyer to pursue the claim for you. The second part of the answer to your question deals with whether there is lliability. The first part dealt only with procedure. Slip and fall cases are exceedingly difficult to puruse and win in Wisconsin, given the fact that over winter, it can be slippery and icy nearly every day. You will need to show that the school district was negligent and failed to clear the dirveways, sidewalks of snow and ice that could have prevented the fall. That is difficult to do in a cold climate, and in alll likelihood, the claim is going to be denied, forcing you to file a lawsuit to pursue the case. Pictures depicting the area on the day of the accident wouold help, along with witnesses. Your son's injuries are certainly serious enoough to warrant you to consider pursuinng the case.
Answered on Mar 10th, 2017 at 6:48 AM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com