How does comparative fault work in Wisconsin?

1. Negligence Elements. Wisconsin negligence requires duty, breach, causation, and damages (Coffey v. Milwaukee, 74 Wis.2d 526). Wisconsin uses the Palsgraf expansive duty rule — duty owed to world at large.

2. Comparative Fault Regime. Wis. Stat. § 895.045(1): "Contributory negligence does not bar recovery in an action by any person... if that negligence was not greater than the negligence of the person against whom recovery is sought." Plaintiff's negligence "greater than" any single defendant's bars recovery against that defendant. This is a 51% bar (greater-than-50%).

3. Joint and Several Liability. § 895.045(1) — defendants 51% or more causally negligent are jointly and severally liable for full damages; defendants 50% or less are severally liable for their proportionate share only. Fuchsgruber v. Custom Accessories, 244 Wis.2d 758 confirmed this allocation.

4. Last Clear Chance / Sudden Emergency. Last clear chance subsumed into comparative scheme (Vincent v. Pabst Brewing, 47 Wis.2d 120). Sudden emergency persists as Wis JI — Civil 1015.

5. Settling Tortfeasors. Pierringer v. Hoger, 21 Wis.2d 182 release — a "Pierringer release" permits the plaintiff to settle with one tortfeasor while preserving claims against others; settling defendant is dismissed and the non-settling defendants pay only their allocated share.

6. Statute of Repose vs SOL. Personal injury SOL is 3 years (Wis. Stat. § 893.54). Med-mal SOL is 3 years from injury or 1 year from discovery, with 5-year repose (§ 893.55). Construction repose is 10 years (§ 893.89). Product liability repose is 15 years for non-manufacturer sellers (§ 895.047).

7. Caps. Med-mal noneconomic capped at $750,000 (Wis. Stat. § 893.55(4)(d)) — upheld in Mayo v. Wis. Injured Patients & Families Comp. Fund, 383 Wis.2d 1 (2018). Sovereign immunity caps state liability at $250,000/$1,000,000 (§ 893.82, § 345.05). Punitive damages capped at greater of $200,000 or 2× compensatory (§ 895.043).

8. Wrongful Death Comparative. Wis. Stat. § 895.04 wrongful death applies § 895.045 comparative; cap on loss of society/companionship is $500K for child, $350K for adult (§ 895.04(4)).

9. Worker Injuries. Wis. Stat. § 102.03 WC exclusivity. Third-party suits apply § 895.045.

This is legal information, not legal advice.