Wisconsin

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Wisconsin’s Safe Place statute imposes a heightened duty of care on owners of public buildings and places of employment — making slip-and-fall and premises cases meaningfully different here. Add 51% modified comparative fault and a 3-year PI SOL, and Wisconsin has its own legal flavor.

Practice areas in Wisconsin

Common questions about Wisconsin attorneys

Wis. Stat. § 101.11 imposes a duty on every employer and every owner of a public building or place of employment to make it "as safe as the nature of the place will reasonably permit." That’s a higher standard than common-law premises liability. The statute covers structural defects, unsafe conditions, and even certain operational hazards. It applies most prominently to slip-and-fall, construction, and workplace cases — substantially expanding landowner liability compared to most states.
Three years from the date of injury under Wis. Stat. § 893.54 for most negligence claims. Wrongful death has the same 3-year SOL. Claims against governmental subdivisions require a Notice of Claim within 120 days under Wis. Stat. § 893.80. Medical malpractice has its own 3-year SOL with a 5-year statute of repose under Wis. Stat. § 893.55.
Under Wis. Stat. § 895.045, you can recover only if your fault is 50% or less. At 51% or more, you recover nothing. The jury assigns percentages to each party, and your damages are reduced by your share. Wisconsin was actually one of the first states to adopt comparative fault — moving from contributory negligence in 1931 — though it has remained on the modified side.
No statutory cap on non-economic damages currently applies — the Wisconsin Supreme Court struck down the prior $750,000 cap in Mayo v. Wisconsin (2018) under the state constitution. The Injured Patients and Families Compensation Fund (IPFCF) still acts as an excess-coverage layer above $1M of primary insurance. A § 893.55 statute of repose and pre-suit mediation requirements still apply.
The Wisconsin Consumer Act (Wis. Stat. ch. 421–427) is one of the strongest in the country for consumer credit, retail installment sales, and certain consumer transactions. It allows actual damages, statutory damages ($1,000+ for many violations), and attorney fees. Wis. Stat. § 100.18 provides parallel remedies for false advertising. Together they give Wisconsin consumers meaningful private enforcement.

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