Posted in Slip and Fall
Not Every Property Follows the Same Timeline
Most people generally assume a slip and fall claim runs on the same general deadline regardless of where exactly the fall happened. When the property belongs to a city, county, or other government entity, Wisconsin law imposes a dramatically shorter window, one that catches a surprising number of injured people off guard every year.
The 120-Day Notice Requirement
Under Wisconsin Statute § 893.80, anyone bringing a claim against a governmental body, whether a municipality, county, or other public entity, generally must serve written notice of the claim within 120 days of the incident occurring. This notice needs to identify the circumstances of the injury and include an itemized statement of the relief being sought, and it must be properly served on the entity and the specific officer or employee involved.
- Written notice must be served within 120 days of the incident
- The notice must include an itemized statement of relief sought
- Failure to disallow the claim within 120 days counts as a disallowance
- A lawsuit generally cannot be filed until this notice process concludes
Why 120 Days Passes Faster Than It Seems
Four months sounds like ample time immediately after a fall, but the notice has specific content requirements that take real preparation to satisfy properly. Identifying the exact governmental entity responsible, calculating an itemized damages estimate while medical treatment may still be ongoing, and properly serving the correct officer all take time, and an incomplete or improperly served notice can jeopardize the claim regardless of how strong the underlying facts otherwise are.
What Happens After Notice Is Served
Once proper notice reaches the governmental entity, that body has 120 days to disallow the claim entirely. If it fails to act within that window, Wisconsin law treats the claim as disallowed by default, which then opens the door to filing a lawsuit against the entity. If the entity issues an actual written disallowance, a stricter six-month deadline applies to filing suit after that notice goes out.
Why the Government Waives This Defense if It Does Not Raise It
Wisconsin’s highest court has held that a governmental entity waives the ability to challenge a claimant’s compliance with the notice statute if it fails to raise that defense affirmatively in its response to a lawsuit. This means a technical notice defect does not automatically defeat a valid claim, but a claimant should never count on the government failing to raise the issue, since doing so leaves an otherwise strong claim needlessly exposed to dismissal on procedural grounds.
How This Differs From a Claim Against a Private Property Owner
A fall at a private business or residence in Kenosha follows Wisconsin’s standard three-year statute of limitations for personal injury claims, without any special notice requirement at all attached to it. The 120-day rule applies specifically because government entities receive special procedural protections that private property owners do not, which is why identifying whether a property is government-owned matters immediately after any fall.
Identifying Government Property Correctly
Some properties are not obviously government owned at first glance, including certain sidewalks, parks, and buildings operated under contract with a municipality. A Kenosha slip and fall lawyer evaluating a new case confirms property ownership early, since misidentifying a governmental property as private can mean missing the 120-day window entirely before anyone realizes the mistake was ever made.
Acting Quickly After Any Fall
Given how much preparation the notice requirement actually demands, involving someone about a fall on government property soon after it happens preserves far more options than simply waiting. A Kenosha slip and fall lawyer can help draft and serve the notice correctly while there is still time to meet the deadline with room to spare.
Handling Both Government and Private Claims
Hickey & Turim, S.C. represents Wisconsin clients across both government and private property claims, tracking whichever deadline actually applies from the moment a case begins rather than assuming a single standard timeline covers every situation.
