Injuries at Wisconsin’s public parks and facilities are not uncommon. From slips and falls to equipment failures, it’s easy to see how an Olbrich Botanical Gardens visitor may become the victim of an accident.
Unfortunately, the aftermath can be almost as stressful as the incident itself. This is especially true if you have no idea what to do or what comes next. Here’s a look at what you can expect after you’ve been hurt at Olbrich Botanical Gardens or similar locations in Madison.
Seeking Medical Attention
Your health should be your number one priority after any accident. If the accident is serious enough to warrant immediate medical attention, don’t hesitate to call for an ambulance. Not only will emergency medical personnel be able to document your injuries, but they can also determine whether you need to go to the hospital and transport you there.
Remember that pain and injuries don’t always become apparent right away. Even if you don’t need an ambulance, consider seeing a medical professional quickly following the incident. A doctor will be able to examine you further, diagnose any brain injuries or other conditions you may be suffering from, and catch early symptoms that can develop into more serious issues.
This initial medical report can be crucial if you decide to pursue legal action later. It can also help you and your attorney understand what medical bills you may face for future treatments for your injuries.
Recording and Reporting the Incident
When you report the accident to Olbrich Botanical Gardens staff, you can likely expect to be questioned about what happened. This helps ensure they fill out an accurate incident report, which may also become a critical piece of the investigation, should you bring a personal injury lawsuit in the future.
When relaying the facts of your accident, it’s important that you don’t admit fault or take any of the blame for the incident. Doing so can impact your ability to recover damages later on.
It’s also essential that you document all details of the incident. In addition to recording the date, time, location, and chronological events of your accident, you should also note the weather and lighting conditions. Take pictures of the scene, and get witness statements and contact information when possible. This information can aid in the investigation of your accident.
Understanding the Premises Liability Framework
The staff at Olbrich Botanical Gardens is expected to maintain reasonably safe conditions for visitors. However, they are not automatically liable for every injury that occurs on the property. Wisconsin follows a modified comparative negligence rule, which means that if you are found to be partially at fault for your own injuries, any damages you receive may be reduced accordingly. If you are found to be 51% or more at fault, you may be barred from recovering compensation entirely.
Additionally, Wisconsin’s recreational immunity statute may shield property owners from liability if an injury occurs while a person is engaged in recreational activity. Because Olbrich Botanical Gardens operates through a public-private partnership, the applicability of this statute may vary based on the specific facts of your case—such as whether a fee was charged, or whether the alleged conduct exceeded ordinary negligence.
Eisenberg Law Offices S.C. is a trusted personal injury law firm in Madison, WI, dedicated to fighting for your deserved compensation. Our experienced attorneys will negotiate with insurance companies on your behalf and ensure your rights are protected. Contact us today for a free consultation.
We proudly serve Dane County, Jefferson County, Sauk County, Rock County, Columbia County, and their surrounding areas.
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