I fell on an icy walkway at a realtors open house. Can I get my out of pocket doctors bills covered by either the home owners or the realtor that hosted the open House?
1 Answer from Attorneys
Probably not, since WI law does not make homeowners liable for people falling on their property unless the fault (negligence) of the property owner caused the fall. Naturally occurring ice or precipitation is not the property owner's fault under WI, nor is there is even a legal duty to remove it under our personal injury law. Cities have the ability to issue citations for failure of homeowners to shovel the city owned sidewalks which are technically a part of the municipal road right of way, but these duties to not carry over to personal injury law in WI. Sometimes, homeowners insurers will offer to pay a portion of medical bills with no admission of liability, but this is strictly a goodwill gesture, not required by law. In court, you would likely get nothing, unless the homeowner negligently caused an artificial ice buildup or other hazard.
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