Slip-and-fall accidents often cause serious injuries and lead to unexpected medical expenses. In Wisconsin, filing a claim for such incidents requires understanding how the state’s comparative negligence laws work. These laws divide fault between the injured party and the property owner, which significantly impacts the compensation.
What is comparative negligence?
Comparative negligence assigns responsibility in personal injury cases. Wisconsin applies the “modified comparative negligence” rule. Under this rule, courts evaluate the actions of both the injured person and the property owner to decide the percentage of fault each holds. If the injured party holds more than 50% of the fault, they lose the ability to recover any compensation.
How courts determine fault in slip-and-fall cases
Courts consider several factors to determine fault in a slip-and-fall case. They examine whether the property owner maintained a safe environment or marked hazards properly. They also assess the injured person’s actions, such as ignoring warning signs or failing to watch their step. The court calculates fault percentages based on each party’s behavior.
Fault percentages and compensation
The injured person’s fault percentage directly reduces their compensation. For example, someone who receives $20,000 in damages but holds 25% of the fault will see their compensation reduced by 25%, leaving them with $15,000. This approach ensures fair distribution of liability based on the circumstances of the accident.
Understanding Wisconsin’s comparative negligence rules helps individuals prepare for the legal process. Knowing how fault affects compensation can guide decisions about pursuing a claim and gathering evidence. Taking the right steps early leads to better results in these cases.