Contributory Negligence in Wisconsin
State-specific overview · Tort Law
Wisconsin allows recovery under comparative negligence regardless of the plaintiff's percentage of fault, reducing damages by their share of responsibility.
How Wisconsin treats Contributory Negligence
Wisconsin follows pure comparative negligence, meaning a plaintiff can recover even if they are 99% at fault, as long as the defendant bears some responsibility. The plaintiff's recovery is simply reduced by their percentage of negligence. This rule applies broadly across personal injury and property damage cases. For example, a plaintiff who is 80% at fault can still recover 20% of their damages from the defendant.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory 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.