Sidewalk and Public Property Falls in Wisconsin

Under Wisconsin law, sidewalks are part of the street, and a city's board of public works may order an unsafe, defective or insufficient sidewalk repaired or replaced, with notice served on the owner of the lot in front of which the work is ordered; the council may instead keep sidewalks in repair at city expense or split the cost with abutting owners. Injury claims against a city, village, town or county (including for sidewalks) are subject to the 120-day notice of claim and $50,000 damage limit in § 893.80; claims for snow and ice on a highway require that the accumulation existed for 3 weeks.

Before suing a Wisconsin political corporation, governmental subdivision or agency (such as a city, county, town or village) (or its officers or employees), the injured person must serve written notice of the circumstances of the claim within 120 days after the event (late or missing notice does not bar the claim if the entity had actual notice and was not prejudiced), and must present an itemized claim to the entity's clerk that is then disallowed. If the entity does not act within 120 days after the claim is presented, it is treated as disallowed; a lawsuit must be filed within 6 months after a notice of disallowance is served. Damages recoverable in a tort action against these local entities and their officers or employees are capped at $50,000 ($25,000 for a volunteer fire company). State claims are covered by § 893.82 (see injury/government_claims).

Local governments: written notice of the circumstances of the claim must be served within 120 days after the event (failure is excused if the government had actual notice and was not prejudiced), and an itemized claim must be presented and disallowed before suing. The claim is treated as disallowed if not acted on within 120 days, and the lawsuit must be filed within 6 months after notice of disallowance. Recovery against local governments is capped at $50,000 ($25,000 against volunteer fire companies). State employees: written notice of claim must be served on the attorney general within 120 days of the event; recovery is capped at $250,000 and no punitive damages are allowed.

Three years for an action to recover damages for injuries to the person, including injuries from a motor vehicle accident.