Joint and Several Liability in Wisconsin
State-specific overview · Tort Law
Wisconsin abolished joint and several liability for non-economic damages; defendants pay only their proportional share unless they exceed 51% fault.
How Wisconsin treats Joint and Several Liability
Under Wisconsin law, a defendant is jointly and severally liable for economic damages regardless of fault percentage, but for non-economic damages, only if that defendant is more than 51% at fault. If a defendant is 51% or less at fault, they pay only their proportional share of non-economic damages. This protects defendants with minor fault from bearing the entire burden of pain and suffering awards. The rule encourages proportional responsibility while preserving full recovery for medical expenses and lost wages.
The general definition of Joint and Several Liability
Multiple defendants can each be held fully responsible for the entire judgment, not just their share.
When two or more people or companies are sued together for causing harm, the injured person can collect the full amount from any one of them, rather than having to split the recovery among all defendants. This means if you win a $100,000 judgment against three defendants, you can demand all $100,000 from just one of them, and that defendant can then try to recover their fair share from the others. It protects the injured person by ensuring they get paid even if some defendants can't pay.
Read the full Joint and Several Liability 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.