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What you need to know about Wisconsin’s negligence system

Posted on February 24, 2015 10:45 am under Personal Injury

Each of the 51 states in the country applies a specific negligence scheme that would enable the court to judge whether the plaintiff will be barred completely or partially from receiving compensation if he/she contributes to his/her damage. The system of allocating fault in a negligence case has four types:

  1. Pure contributory negligence rule – The plaintiff is entirely barred from receiving compensation if he/she contributed to his/her damage
  2. Pure comparative fault – After allocating the fault between the defendant and the plaintiff, the plaintiff could recover his/her damages minus the proportionate share of his/her fault
  3. Modified comparative fault – A combination of pure contributory negligence rule and pure comparative fault, modified comparative fault allows plaintiff to recover a portion of his/her damages unless he/she reaches a certain threshold of negligence, by which he/she will be barred recovery. Wisconsin’s negligence system is a modified comparative fault, wherein a plaintiff is allowed to recover until he/she has been proven to be 51% more negligent (more than half) than the defendant
  4. Slight/gross negligence comparative fault – Applied only in South Dakota, plaintiffs found to be in ‘slight’ negligence are allowed to recover, while those proven to be in ‘gross’ negligence are barred

At Habush Habush & Rottier S.C. ®, we help Wisconsin residents seek legal action when hurt due to other person’s negligence. Call us at (414) 271-0900 and have your case assessed for free.