Comparative Negligence in Wisconsin
State-specific overview · Tort Law
Wisconsin uses pure comparative negligence; you recover even if 99% at fault, with damages reduced by your percentage.
How Wisconsin treats Comparative Negligence
Wisconsin allows plaintiffs to recover damages proportional to the defendant's fault, even when the plaintiff is substantially more negligent. Your recovery is reduced by your own percentage of negligence. Wisconsin Statute § 895.045 codifies this pure comparative negligence rule. The rule applies to most negligence-based civil cases and does not bar recovery based on the plaintiff's percentage of fault.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Wisconsin.