Negligent Homicide In Wisconsin

Charged with Negligent Homicide in Wisconsin? Contact a Madison Law Firm

Homicide is generally an intentional crime. But negligent homicide can be charged under Wisconsin statutes 940.07 through 940.10, even if you do not intend to end someone's life. Your general duty of care to others applies here, and if you fail to meet that duty, you face felony charges if it results in someone's death. Our Madison Law firm can evaluate your case and guide you through the proceedings.
Negligent Control of a Vicious Animal
Under Wisconsin Statute 940.07, if you own a vicious animal, you are deemed negligent if you let the animal roam free or do not keep it safely confined. If the animal gets loose and kills someone, you face Class G felony charges. Under Wisconsin Statute 939.50, this subjects you to a fine of up to $25,000, and a prison sentence up to 10 years.
Negligent Handling of a Dangerous Weapon, Explosives, or Fire
Under Wisconsin Statute 940.08, if you negligently handle a weapon or cause a fire and kill someone as a result, you can be charged with a Class G felony. In addition, you can be charged for a Class G felony if you kill someone's unborn baby due to your negligent act.
Negligent Operation of Vehicle
A homicide due to negligent operation of a vehicle is covered under Wisconsin Statute 940.10, again a Class G felony charge. If you kill another person or an unborn child because of your negligent driving, you face a $25,000 fine and a prison sentence up to 10 years.
Intoxicated Use of a Vehicle or Firearm
Wisconsin places negligent homicide due to intoxication in a separate category from other negligent homicide charges. If you kill someone while driving or using a firearm, you are guilty of a Class D felony--or a Class C felony if it is not your first offense. Either will subject you to a fine up to $100,000, and a prison sentence up to 25 years for the first offense, or 40 years if you are a repeat offender.
Negligent homicide charges significantly impact your life. If you have been charged, Eisenberg Law Offices is the Madison law firm with the expertise to defend and help you.
This post was originally published at http://www.eisenberglaw.org/negligent-homicide-wisconsin/

5 Police Mistakes That Can Affect Your Wisconsin OWI Case

Wisconsin OWI Arrest? Your Madison DUI attorney can help

Mounting a defense to an OWI arrest is difficult. Still, the circumstances of your case can create an opening for an experienced attorney to help you avoid charges. Often the police fail to follow their rules in ways that compromise the case. Before you accept or plead guilty to the charges being made against you, take the time to meet with a Madison DUI attorney.
1. Illegal Stop or Arrest
Before a police officer stops you, he or she must have reasonable suspicion or probable cause that you are committing a crime. This might come from observing erratic driving or some other indication, but the officer has to be able to provide a reason for stopping you in the first place.
2. Improper Field Sobriety Test
Police officers have specific guidelines they must follow when administering field sobriety tests. If they do not follow them, the evidence they gather from the test may not be admissible against you. This can be a way to avoid OWI penalties.
3. Inaccurate Report
The officer is required to file an arrest report when you are brought in on OWI charges. Sometimes these reports are sloppy or contain inaccurate information. When this occurs, you can challenge the report.
4. Improper Conduct
If you were stopped at a field sobriety checkpoint, the officer has rules he or she must follow. If the officer does not act properly, you may be able to challenge the arrest on these grounds to have your case thrown out.
5. Failing to Prepare for Hearing
An experienced Madison DUI attorney will prepare to challenge the records and conduct of an arresting officer. If the officer does not study the facts of the arrest, he or she will struggle as a witness. This can create a path for you to avoid punishment.
No one should ever operate a vehicle under the influence of drugs or alcohol. If you have been pulled over and arrested for OWI, though, the right Madison DUI attorney can help you avoid a conviction where the police did not act properly.
This post was originally published at http://www.eisenberglaw.org/5-police-mistakes-can-affect-wisconsin-owi-case/

Tis the Season for Slip and Falls - Who's Liable?

Slip and Fall Injury Attorneys will determine liability

Slip and fall injuries occur all the time--particularly in the winters of Madison, Wisconsin. When you suffer a serious injury due to someone else's negligence, you have a right to recover damages and compensation. But from whom do you seek it? Liability for your slip and fall injury will depend on the circumstances of your accident: how it happened, what caused it, and whether you could have avoided it. Your slip and fall injury attorneys will want to understand all of this when he or she works on your case.
Negligence
In Wisconsin, as in most states, property owners have a duty of reasonable care toward others. They must ensure that their property is not unreasonably safe for others. The danger has to be one that creates an unreasonable risk to people using the property, and it has to be a danger that the property owner actually knew or should have known about. In these cases, the owner has a duty to resolve the problem, and will be liable if he or she does not.
Open and Obvious Conditions
On the other hand, the property owner will not be liable for a danger so obvious that the visitor should have seen it and could have avoided it. If someone trips on an obvious obstacle when that person could have easily walked around it, for example, the property owner can escape liability. You have a duty to avoid the dangers you should see.
Safe Place Law
In Wisconsin, the Safe Place Statute creates an additional source of liability for injuries in the workplace or property open to the public. Every employer or owner of a public place has a specific duty to maintain the property and keep it safe. A visitor who is injured can pursue damages against the employer, the property owner, or the designers and architects.
If you have been injured in a slip and fall in Madison, Wisconsin, Eisenberg Law Offices can help you get the recovery you deserve. Contact us today to learn more.
This post was originally published at http://www.eisenberglaw.org/tis-season-slip-falls-whos-liable/

Personal Injury Madison - Using Your Smartphone as a Post-Accident Tool

Document your car accident for Personal Injury Attorneys

Most people today use smartphones every day. You may use yours primarily for phone calls, texts, and web surfing, but if you are in a car accident, it can become a powerful tool for your personal injury attorneys. You can use it to find and gather information and to get a head start on all the paperwork and hassles that can sometimes follow. Instead of waiting to see what happens next, you can and should take an active approach.
Pictures and Notes
Right away after an accident, you should gather as much information as you can. Take pictures of the scene of the accident, the damage to each car, and the other driver's license plate. Use the notepad on your smartphone to jot down details: the road conditions, time of day, lighting, and anything else relating to the cause of the accident. The insurance companies will take into account both the official police report and statements from all drivers involved in the accident. Collecting your notes and pictures on your smartphone will keep all your information at your fingertips.
Insurance Apps
Most major insurance companies now offer apps for your smartphone. You can use it to keep your insurance card with you at all times, so you can avoid any penalty associated with failure to show proof of insurance. But you can also send out messages to your agent and file claims through many of these apps. Your smartphone becomes a hub for everything you need to do that involves your own insurance company.
Reach Out
Lest you forget, an important part of smartphone technology remains basic communication. You should text or call loved ones to let them know what is happening, and reach out to your doctor or local hospital. You can also take the opportunity to identify and contact the right car accident attorney to work with. In the Madison, Wisconsin area, Eisenberg Law Offices has the experience to handle your case and focus on your individual needs.
This post was originally published at http://www.eisenberglaw.org/personal-injury-madison-using-smartphone-post-accident-tool/

Marijuana Smell Emanating From a Vehicle Constitutes Probable Cause to Search in Wisconsin

Is the smell of pot probable cause to search your vehicle in Wisconsin?

Marijuana has become the issue de jour, with more states legalizing the drug for medical use, recreational use, or more. In Wisconsin the drug remains illegal. Precedents for allowing police to search your vehicle if they smell marijuana have been set in court. If you have been pulled over and accused of marijuana use due to an odor of THC, you need to contact a lawyer from Eisenberg Law Offices quickly.
Blood Levels, Impairment, and Probable Cause
Driving under the influence of marijuana has become a particular sticking point for states that have legalized some form of its use because it's so difficult to tell if a driver's abilities have been affected just through test results. Some states have set arbitrary blood test levels while others, including Wisconsin, have decided on a zero-tolerance policy. In Wisconsin, no impairment is necessary to convict for operating a motor vehicle shortly after using marijuana.
However, a blood test is not the only evidence that could get you arrested. If a police officer smells marijuana coming from your car, that smell may constitute probable cause to search your vehicle. Should the officer find marijuana or evidence that you did have marijuana in there, that could land you in court.
In some cases, such as State v. Anderson in 2015, drivers have tried to argue that because there was another person in the vehicle at the time, the officer could not legally pin the blame for drug possession on the driver. The court, however, said the driver's proximity to the drug was enough to link it to him.
If you have been charged with driving under the influence of marijuana or charged with drug possession after a vehicle search based on the odor of marijuana, contact a lawyer from Eisenberg Law Offices immediately. Don't think you can rely on technicalities yourself -- you need a skilled lawyer to help you fight the charges.
This post was originally published at http://www.eisenberglaw.org/marijuana-smell-emanating-vehicle-constitutes-probable-cause-search-wisconsin/

Should You Hire A Madison Personal Injury Attorney?

Which Madison Personal Injury Attorney is right for you?

If you have been injured, it probably did not take long for you to start receiving mail from attorneys all over the state and even beyond. You might move between wanting to choose one of those firms and wanting to throw away every new letter or postcard you receive. The truth is, you need legal representation when you have suffered a serious injury. But choosing the right personal injury attorney in Madison WI can make all the difference for you.
How an Attorney Can Help You
If you are injured in a car accident, you start hearing quickly from insurance companies looking to settle as soon as possible. Similarly, if the injury occurs in a home or business, insurers or lawyers representing the person or company that caused the injury want to work with you. You may get an offer to pay some or all of your medical bills and even a monetary settlement on top of that.
But are these people looking out for your best interests? Before you accept an offer, remember that the offer is designed to make your case go away as cheaply as possible. You may have harms and losses that include lost wages, personal harm done, and many other things that the offer ignores. You need an experienced lawyer on your side to help you get the compensation you deserve.
Why a Wisconsin Attorney?
Working with a local attorney offers important advantages for you. We have relationships with other attorneys that can help make negotiations proceed more smoothly. We understand your concerns and many of the players who may be involved in your case. We also have experience in the Wisconsin courts and understand how the local judges think and work.
We are focused on your case, with all the quirks and nuances that make it different, because that will help you achieve the best result. Contact Eisenberg Law Office for the personal attention your personal injury case deserves.
This post was originally published at http://www.eisenberglaw.org/hire-madison-personal-injury-attorney/

Are Liability Waivers Legally Binding in Wisconsin?

Is a Liability Waiver legally binding in Wisconsin?

Most businesses, particularly those that provide services with some risk involved, require you to sign a liability waiver before you can participate in an activity there. If you are hurt, though, you may want to sue despite the waiver. In Wisconsin, the waiver may not be effective. Depending on the circumstances, we may be able to help you recover despite the presence of a waiver.
Unenforceability
Wisconsin generally does not favor liability waivers. Even though these waivers constitute contracts between the company and the signer, courts have held that public policy outweighs the public interest in holding everyone to the terms of a signed waiver.
A 2013 Court of Appeals decision, Brooten v. Hickok Rehabilitation Services, LLC, described some of the public policy issues that override the general principle of freedom of contract. These waivers tend to be overbroad, in that they attempt to waive any liability for anything that might occur. Meanwhile, they are issued as one-sided documents with no opportunity for the signer to negotiate the contract. When you sign, you are not bargaining for a contract, but being forced to accept terms before you can participate.
Some liability waivers seek to waive liability for intentional or reckless conduct by someone at the facility. This will almost always be unenforceable; a company cannot avoid liability for creating a dangerous condition or doing something intentional to hurt its clientele.
Protecting Your Rights
No Wisconsin court has said that liability waivers can never be enforced. If a company issues a waiver that specifically defines what liability you waive, it has a better chance to defend itself successfully. The case to void a waiver will therefore depend on the facts of your case: what you signed, what happened, and how any damages occurred.
At Eisenberg Law Office, we don't try to push your case toward a cookie cutter solution. Your case is unique, and we will help you with that in mind. If you were injured after signing a liability waiver, contact us to see how we can help you exercise your rights and get the recovery you deserve.
This post was originally published at http://www.eisenberglaw.org/liability-waivers-legally-binding/

Can I Sue If I Slip on My Neighbor's Icy Sidewalk?

Slip and Fall on Ice - can I sue?

Ice is the bane of many people's existence, especially if they've ever slipped on it. Sometimes ice just happens, and you have to be careful. But sometimes ice is present because of someone else's neglect, and you can get reimbursed for your medical costs and pain and suffering if you can prove liability. However, proving liability in weather-related slip-and-fall cases can be tricky, and you need a Madison WI lawyer to help you put together a case.
Warnings and Willful Neglect
In general, a person can be liable if he or she did not take steps to prevent accidents or limit the risk of accidents, if he or she reasonably knew about the risk of an accident, and if that person was supposed to be responsible for caring for the area in which you had an accident. For example, if you visit a friend at an apartment complex and slip on the icy walkway outside his or her unit, your friend might not be liable if the complex management, not your friend, were responsible for placing sand over the ice.
However, someone who is responsible for an area and who does not exercise reasonable caution and care in keeping the area safe could be liable. If your city requires homeowners to place sand on icy sidewalks outside homes, and your neighbor refuses to do so but doesn't warn others in the neighborhood, that neighbor could be liable for injuries.
Your Role
There's also the issue of how much you could do to avoid the situation. Your neighbor may neglect to remove the ice or place sand or salt on the icy sidewalk, and you knowingly walk on the sidewalk without taking any precautions, your behavior may also contribute to your injury.
Unfortunately, slip-and-fall accidents often have too many contributing factors to fit neatly into yes-or-no categories. You need the help of a lawyer who can look at all the surrounding circumstances. Contact Eisenberg Law Offices to speak with a lawyer skilled in handling slip-and-fall cases.
This post was originally published at http://www.eisenberglaw.org/can-sue-slip-neighbors-icy-sidewalk/