{"id":377335,"date":"2016-03-31T21:37:19","date_gmt":"2016-04-01T02:37:19","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/wisconsin-law\/wisconsin-negligence-laws.html"},"modified":"2023-01-10T12:52:02","modified_gmt":"2023-01-10T17:52:02","slug":"wisconsin-negligence-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/wisconsin-law\/wisconsin-negligence-laws.html","title":{"rendered":"Wisconsin Negligence Laws"},"content":{"rendered":"\n
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Wisconsin Negligence Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Garrett Monteagudo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Maybe you got rear-ended on I-94, or maybe you slipped on that icy patch of sidewalk that your neighbor never shovels. In any case, if someone else’s lack of care caused you injuries, you may have a legal claim based on negligence. But how do negligence cases work, and what laws does the Badger State have regarding who is responsible for your injuries?<\/p>\r\n

Continue reading for a quick introduction to negligence laws in Wisconsin.<\/p>\r\n

General Negligence Law<\/h2>\r\n

Negligence in the legal sense refers to whether a person has a duty of care to another, and whether they have failed in that duty. If so, that person may be liable for any resulting injuries. For example, if Debbie is speeding on the interstate and they collide with Patricia’s car, they might be held liable to Patricia for negligence. Under certain negligence laws, the plaintiff can be partially at fault for their own injuries. This is called \u201ccontributory" negligence<\/a>.<\/p>\r\n

Taking the above example, if Patricia failed to signal before changing into Debbie’s lane, Patricia might be found to have contributed to the accident. Wisconsin negligence law states that contributory negligence is only a bar to a claim if the plaintiff (Patricia) is more at fault for the accident than the defendant. This is referred to as "modified comparative negligence."<\/p>\r\n

Negligence Laws in Wisconsin<\/h2>\r\n

States may have varying negligence laws<\/a> depending on their civil lawsuit system and your specific circumstances. Wisconsin negligence laws are highlighted in the table below.<\/p>\r\n\r\n

Code Section<\/p>\r\n<\/td>\r\n

895.045<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Modified Comparative Negligence<\/p>\r\n<\/td>\r\n

Under the legal theory of modified comparative negligence, the person bringing a claim of negligence will not be able to recover damages if they’re found to be either equally responsible or more responsible for the injury for which they are seeking damages. For the person brining the claim to recover compensation, they must not be more than 50% at fault.<\/p>\r\n<\/td>\r\n<\/tr>

Contributory Negligence-Limit to Plaintiff’s Recovery<\/p>\r\n<\/td>\r\n

Contributory negligence is not a bar on recovery if the percentage of fault that is assigned to the person bringing the claim of negligence is not greater than that of the defendant(s). The damages decrease in proportion to the percentage of fault that is assigned to the person that is bringing the claim. As was mentioned under "modified comparative negligence," if the person bringing the claim is found to be 60% at fault, for example, they are completely barred from recovery damages.<\/p>\r\n<\/td>\r\n<\/tr>

Contribution Among Tortfeasors<\/p>\r\n<\/td>\r\n

Yes, if more than one tortfeasor<\/a> is a party to the lawsuit, each tortfeasor that is found liable must contribute to the payment of damages according to a pro rata<\/a> assignment of liability and a corresponding pro rata amount. Under such circumstances, each tortfeasor is known as a joint tortfeasor<\/a>.<\/p>\r\n<\/td>\r\n<\/tr>

Uniform Act<\/p>\r\n<\/td>\r\n

No<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Negligence Cases<\/h2>\r\n

In order to recover damages for your injuries, you must prove several elements of a negligence case<\/a>:<\/p>\r\n