Wisconsin Negligence Laws

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 Wisconsin have regarding who is responsible for your injuries?

In this article, we’ll explain the negligence standard applied in personal injury cases, Wisconsin’s approach to percentage of fault, and how that impacts what you can recover in damages. If you’ve been injured in a car accident or another situation where another person’s actions caused you harm, consider speaking with a local personal injury attorney to learn more about your options.

Negligence Law Explained

In personal injury cases, negligence 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.

In order to recover damages for your injuries, you must prove the elements of a negligence case:

• Duty: The other party owed you a duty of care
• Breach of duty: The other party failed to meet that duty
• Causation: But for the other party’s failure, you would not have been injured (cause in fact), and it was that failure and not something else that caused your injury (proximate cause)
• Harm: You have actually been injured and suffered some loss (you’ll hear this called “damages”)

When does someone have a duty of care? Wisconsin personal injury attorney Robert Kasieta of Kasieta Legal Group, LLC explains:

“Wisconsin imposes a general duty of care to everyone, with limits. For example, every motorist owes a duty of care to act reasonably toward every other motorist. But emergency vehicles are held to a different standard, permitting them to operate in a way other drivers could not. But generally, the duty to all others in Wisconsin is to act reasonably to avoid foreseeable harm to others.”

For example, if Debbie is speeding on the interstate and collides with Patricia’s car, she might be held liable for the damage. Let’s apply the elements of negligence:

• Duty: As a driver, Debbie has a duty to other motorists, such as Patricia, to operate her vehicle safely and obey traffic laws.
• Breach: By speeding, Debbie breached that duty of reasonable care.
• Causation: The collision and Patricia’s resulting injuries would not have occurred but for Debbie’s speeding, and it was a foreseeable result of that action.
• Harm: Patricia suffered tangible harm, including vehicle damage and medical expenses.

Because all four elements are present, Debbie would likely be found negligent.

Ordinary Negligence vs. Gross Negligence

While most personal injury lawsuits involve a failure to exercise reasonable care (ordinary care), Wisconsin law also recognizes situations in which conduct is far more reckless. This distinction is important because it can affect the type of damages a person can recover.

In many Wisconsin injury cases, the focus is ordinary negligence, and the phrase “gross negligence” usually matters only in specific legal contexts, such as where a statute uses that term, rather than as a separate, stand-alone personal injury claim. As Kasieta explains:

“Conduct might be placed on a linear spectrum from ‘totally reasonable’ to ‘malicious intent.’ ‘Reckless disregard’ and ‘gross negligence’ fall just short of ‘malicious intent’ on the scale. The same act, for example, crashing into a vehicle, might be mere negligence (i.e., unreasonable behavior) or it could be malicious conduct, depending entirely on the mindset of the one doing the crashing.”

Punitive damages are not available for ordinary negligence in Wisconsin. Instead, punitive damages may be awarded only if the plaintiff proves by clear and convincing evidence that the defendant acted maliciously toward the plaintiff, or in intentional disregard of the plaintiff’s rights.

Comparative Negligence

As mentioned above, causation is important when we’re talking about negligence. Not only does a plaintiff have to show that the other party’s negligence caused their harm, but under some state negligence laws, they might lose some or even all of their damage amount if they are partially at fault for their own injuries. This is called “comparative negligence.”

States set their own rules on how fault impacts what someone can recover in a personal injury case. They tend to fall into one of the following categories:

• Pure comparative negligence: The amount of damages you can recover is reduced by your percentage of fault, no matter what that amount is. For example, if Patricia was found to be 10% at fault for the car accident above in a pure comparative negligence state, she would recover 90% of whatever amount the judge or jury determined she was owed in damages. Even if she was found to be 80% at fault, she could still recover 20% of her damages.
• Modified comparative negligence: A plaintiff can recover damages only up to a certain percentage of fault (either 50% or 51%). Essentially, these states require that the plaintiff be either less at fault than the defendant or equally at fault in order to recover damages.
• Pure contributory negligence: In a few states, a plaintiff recovers no damages if they are at all at fault for the accident. This strict comparative fault rule is only used in Alabama, Maryland, North Carolina, and Virginia.

Wisconsin Comparative Negligence Laws

Wisconsin follows the modified comparative negligence system. Under the state’s comparative negligence statute, the person bringing a claim of negligence will not be able to recover damages if they’re found to be more responsible for the injury for which they are seeking damages. For the person bringing the claim to recover compensation, they must not be more than 50% at fault.

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 a plaintiff’s negligence is only a bar to a claim if they are found more negligent than the person they’re suing.

Kasieta explains how this can impact damages:

“If plaintiff suffers damages of $100,000 but plaintiff is found by a jury to be 50% to blame for the incident causing injury, plaintiff will recover $50,000 (which is 50% of $100,000). If plaintiff’s negligence exceeds 50% of the total blame for the injury, plaintiff recovers nothing.”

Do I Have a Personal Injury Case?

If you believe someone else’s negligence caused you harm, you may have a personal injury case. Personal injury law covers a wide range of incidents, including:

• Motor vehicle accidents
• Premises liability (like a slip and fall)
• Product liability (dangerous or defective products)
• Medical malpractice
• Wrongful death

To build a potential case, it’s critical to gather evidence like medical records, photos of the scene and your injuries, police reports, and witness contact information.

You’ll also need to file your claim within Wisconsin’s statute of limitations, which is the legal deadline for filing a lawsuit. For most personal injury cases in Wisconsin, you have three years from the date of the injury to file a claim. If you miss this deadline, you will likely lose your right to recover any damages.

Damages in a personal injury case typically refer to compensatory damages for your losses, which can be:

• Economic: Tangible costs like medical bills, property damage, and lost wages.
• Non-economic: Intangible harm like pain and suffering or emotional distress.

Punitive damages are rare and reserved for cases where the defendant acted maliciously or with intentional disregard for your rights.

Learn How Wisconsin Negligence Laws Apply to Your Case

If you’ve been injured due to someone else’s negligence, they may have a legal obligation to pay for your injuries. However, this often requires you to make a formal demand and file a lawsuit. Before you act, consult a qualified personal injury attorney in Wisconsin who can advise you of your options and represent you if needed.