Sometimes you want too much, sometimes you are greedy: WI plaintiff’s lawyers are killing their income source.Posted: September 22, 2009
Wisconsin law would kill outdoor recreation specifically skiing in the state
The plaintiff’s bar is attempting to change the law concerning the determination of fault in a trial. As the law stands now before an injured plaintiff can win a lawsuit they must prove that they are not the primary party responsible for their injuries. That means they have to convince a jury that they are less than 49% liable for their injuries. The jury then decides what percentage of fault lies with all of the parties. The damages awarded are then divided according to that percentage of fault.
If a plaintiff is found 20% at fault they win (more than 49%) and any damages are reduced by 20%. This issue is called comparative negligence. The jury compares the negligence between the parties and determines the percentage of fault. That percentage of fault then determines if the plaintiff wins anything and if so, how much they are awarded.
The plaintiff’s bar in Wisconsin wants to lower that percentage to 1%. This means if the jury finds that the plaintiff was anywhere from 99 to 1% at fault the plaintiff still wins.
Breathing is about the only thing you can do and not have someone else be at least partly responsible……….. wait there is air pollution.
This would allow every injured person no matter how they received their injuries to sue and recover money for their damages.
The good news is insurance costs will not go up. This will be because no insurance will be available. Insurance companies will just not offer insurance for any recreation program in Wisconsin.
See Insurance change could send Wisconsin ski areas downhill. For additional articles explaining the legal issues see Ski resort found partially liable for skier injuries from a jump