Wisconsin’s Comparative Negligence Rule
Wisconsin has an interesting legal system when it comes to negligence. In addition to the standard comparative negligence rule, Wisconsin also uses the modified comparative negligence rule, often referred to as the “51% bar” rule. This article will provide a comprehensive overview of the two rules, how they are applied in Wisconsin, and how they might affect potential cases.
What is Comparative Negligence?
Negligence is defined as the failure to exercise reasonable care, resulting in injury or harm to another person, or their property. Comparative negligence is a legal defense that can be used when two or more parties share responsibility for an accident. It states that each parties’ degree of fault will be taken into consideration when determining liability and damages.
Under the traditional or “pure” comparative negligence rule, each party is assigned a percentage of liability, where their percentage is equal to the percentage of their negligence. For example, if one party is deemed to be 80% at fault and the other is deemed to be 20% at fault, the first party will be assigned 80% of the liability and the second party will be assigned 20% of the liability. This means that the party who was 20% at fault will not be held fully liable for the damages that caused, but rather only for 20% of the damages. This rule is currently used in 47 states.
What is the Modified Comparative Negligence Rule in Wisconsin?
The modified comparative negligence rule, or the “51% bar” rule, is used in some jurisdictions and states, including Wisconsin. This rule states that if one party is deemed to be more than 50% responsible for an accident, they cannot recover any damages from the other party involved. In other words, they are completely barred from recovering any damages. The 51% bar rule is a more restricted version of the comparative negligence rule, as it ultimately limits the ability of a party to recover damages if they are more than 50% at fault for an accident.
How is Negligence Determined in Wisconsin?
Under Wisconsin law, negligence is determined through a “common law” standard. Common law is the body of law based on custom, usage, and judicial decisions. When determining negligence in Wisconsin, the court examines a variety of factors, including the facts of the incident, the actions of each party, the conduct of each party, and the foreseeability of each party’s actions. The court then assigns a percentage of negligence to each party and uses the total percent of negligence to assign liability and damages.
In contrast to other states, Wisconsin allows for contributory and comparative negligence claims to be made in the same negligence case. This means that a party can make both a contributory negligence claim and a comparative negligence claim in the same case, which could result in a greater recovery for the plaintiff.
How Can the Modified Comparative Negligence Rule Impact Your Case?
If you are involved in an accident in Wisconsin, it is important to understand the difference between the traditional comparative negligence rule and Wisconsin’s modified comparative negligence rule. If you are deemed to be more than 50% at fault for the accident, the modified comparative negligence rule can significantly limit your chances of recovering any damages, as you will be held completely liable for the damages caused.
The modified comparative negligence rule could also impact your case if you are found to be less than 50% responsible for the accident, but still partially legally responsible. In most states, you would still be allowed to recover some damages, even if you were partially to blame for the accident. However, in Wisconsin, if you are found to be more than 50% responsible, the court will assign you full responsibility and you will not be able to recover any damages.
It is always important to seek legal advice and representation when filing a negligence claim in Wisconsin. A qualified attorney can help you understand the differences between the comparative and modified comparative negligence rules and advise you on how best to proceed with your case.
Conclusion
In Wisconsin, the law governing negligence is based on the common law standard. The standard of negligence, as well as the comparative and modified comparative negligence rules, can have a major impact on your case. It is important to understand the differences between these rules, as the modified comparative negligence rule could significantly limit your ability to recover damages if you are deemed to be more than 50% responsible for an accident. Understanding the legal system in Wisconsin can help you make informed decisions and give you the best chance of recovering damages.
