Legal Question in Personal Injury in Wisconsin

If you own a business and someone is digging through your dumpster and they injure themselves, can they sue you or was it their own fault?


Asked on 3/16/11, 1:31 pm

1 Answer from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

For an injured person to make a claim for damages or injuries, they would need to prove that you were negligent and that your negligence was a cause of the injuries. Generally, if they simply injure themself, and you did nothing to cause their injuries or damages, and you were acting reasonably regarding the dumpster, you would not be negligent or responsible for what happened to them. If you have liability insurance on your business, your liability insurance company will probably deny a claim under the liability coverage, however, if you also have medical payment coverage on your business policy, the injured person may be able to make a claim under that coverage, if they were simply injured on the business property. I would notify your insurance company of the information and potential claim, to allow them to investigate the incident and to satisfy the notification requirements which probably exist under your insurance policy.

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Answered on 3/21/11, 8:01 am


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