Wisconsin Tort Laws

Imagine a situation where someone gets hurt because another person or a company failed to act responsibly. In Wisconsin, this occurrence falls under tort law. Simply put, a tort happens when someone breaches a duty of care toward another person, leading to lawsuits wherein the injured party seeks compensation for their losses.

One common type of tort is personal injury. This happens when someone suffers physical or emotional harm due to another party's negligence or actions. For example, a car accident caused by a distracted driver could be considered a personal injury case.

Things get more complex with mass torts. These are situations where a single defendant's wrongdoing harms a large group of people in similar ways. Consider the lawsuit against Colgate-Palmolive. Consumers claimed the company's talcum powder contained asbestos, leading to health problems. However, the enterprise successfully defended itself in both Wisconsin and California courts.

In general, mass torts involve intricate legal issues and require specialized knowledge to navigate effectively. This is where mass tort lawyers come in. Their expertise in handling complex litigation is crucial for finding fair or just solutions for the affected individuals.

With that in mind, this article aims to delve into the evolving landscape of tort law in Wisconsin, exploring its various aspects and legal intricacies.

Basic Tort Categories in Wisconsin

Negligent Torts

Negligent torts arise when a person or entity fails to act with reasonable care, resulting in injury or harm to others. This concept plays a crucial role in various legal scenarios, including:

• Medical malpractice - When healthcare professionals deviate from the accepted standards of care, causing harm to patients.

• Premises liability - When property owners fail to maintain safe conditions, leading to injuries sustained by visitors.

Intentional Torts

Intentional torts, unlike negligent ones, involve deliberate actions that cause harm to another person. Wisconsin law recognizes various types of intentional torts, each requiring a specific level of intent:

• Battery - Unlawfully touching another person without their consent, causing physical harm.

• Wrongful detention - Restricting someone's freedom of movement without legal justification.

• Trespassing - Entering or staying around someone's property without their permission.

• Defamation - Damaging someone's reputation through false or misleading statements.

• Infliction of emotional distress - Causing severe emotional harm to another person through outrageous or reckless conduct.

Strict Liability Torts

Unlike intentional and negligent torts, strict liability torts do not require evidence of intent or fault. In product liability cases, manufacturers, distributors, and even sellers can be held responsible for harm caused by defective products, regardless of whether there was intention or negligence on their part.

So if a product has a defect that makes it unreasonably dangerous and causes injury, the injured party may have a claim under strict liability, even if the manufacturer took all reasonable precautions to ensure safety. Examples of products that can be subject to strict liability claims are medical equipment, food products, consumer goods, automobiles, and pharmaceuticals. This type of tort law holds various parties accountable, including:

• Manufacturers - who design and produce the product.

• Packers - who prepare the product for sale.

• Sellers - who distribute the product to consumers.

Other Tort Categories in Wisconsin

Aside from basic torts, there are other tort categories in Wisconsin, such as:

Nuisances

Nuisance refers to a type of tort that arises from unreasonable interference with someone's use and enjoyment of their property, either public or private. This interference can be caused by intentional or negligent actions. Note that nuisances are divided into two categories:

Public Nuisance

This affects the rights of the general public and can involve:

• Obstructions on public roads, hindering traffic flow.

• Activities that harm public health, safety, morals, or welfare.

Private Nuisance

This interferes with a specific individual's ability to enjoy their own property, such as:

• Excessive noise or odors from a neighboring property.

• Activities that damage or obstruct access to one's property.

The courts consider several factors when determining if an action constitutes a nuisance, including:

• Nature of the activity - What is causing the interference?

• Level of harm - How severe is the interference with the property's enjoyment?

• Type of harm - Is it physical damage, noise, odor, or something else?

• Location of the activity - Where is the activity taking place, and how does it impact the surrounding area?

• Rights affected - Whose rights are being interfered with?

In some cases, particularly those involving negligent omission, the plaintiff may need to prove they notified the defendant about the nuisance before filing a complaint. This applies to both public and private nuisance claims.

Economic Torts

Economic torts, also known as business torts, are a specific category of legal wrongs that arise from business dealings, management, and ownership. These torts can result in significant financial losses for companies, individuals, and other entities involved in commercial activities.

Economic torts encompass a diverse range of wrongful conduct, reflecting the complexities of modern business environments. Some common examples are:

• Breach of contract - Failure to fulfill the terms of a legally binding agreement.

• Interference with economic relations - Intentionally hindering someone's potential business opportunities.

• Fraud and misrepresentation - Deceiving others for personal gain.

• Negligent misrepresentation - Making false or misleading statements unintentionally, causing harm.

• Non-compete agreements and disputes - Legal agreements restricting former employees from competing with their previous employer.

• Misappropriation of trade secrets - Stealing or using confidential business information without permission.

Torts vs. Crimes in Wisconsin

While both torts and crimes involve wrongdoing, they differ significantly in their purpose and application in Wisconsin's legal system.

Focus and Outcomes

Torts focus on compensating the injured party for the harm they suffered. This can involve financial compensation for medical bills, lost wages, and pain and suffering. 

Meanwhile, crimes focus on punishing the wrongdoer to deter future criminal activity and uphold public safety. Punishment can take various forms, including imprisonment, fines, and community service.

Parties Involved

Torts involve private individuals or entities seeking compensation for harm caused by another party's actions. 

In contrast, crimes involve the state prosecuting the defendant on behalf of the public for violating established laws.

Legal Process

Torts generally follow a civil lawsuit process, with lower burdens of proof and more flexible procedures than criminal cases. 

As for crimes, they follow a stricter criminal justice process, requiring higher burdens of proof and involving stricter procedures to safeguard the rights of the accused.

Sometimes, the same act can constitute both a crime and a tort. For example, an assault may lead to criminal charges against the perpetrator, while the victim can also file a civil lawsuit seeking compensation for their injuries.

Mass Torts in Wisconsin

Mass torts in Wisconsin involve multiple individuals who have suffered similar injuries or losses due to a common cause, such as:

• Explosions.

• Defective products.

• Commercial aircraft accidents.

• Environmental pollution.

• Toxic exposure.

• Dangerous drugs.

Instead of filing individual lawsuits, these individuals collectively pursue legal remedies against the responsible parties. This streamlines the legal process by:

• Combining resources and evidence.

• Reducing repetitive discovery and pre-trial motions.

• Potentially achieving faster resolutions for all involved.

Mass torts often result in larger settlements than individual lawsuits due to the collective impact of multiple claims. This can help compensate victims more fairly for their losses.

Mass Torts vs. Class Actions in Wisconsin

While both mass torts and class actions involve groups of plaintiffs suing a common defendant, they differ significantly in their structure, legal requirements, and outcomes.

Regardless of these differences, mass torts and class actions have a shared goal: consolidate lawsuits and expedite the resolution of cases against a defendant or group of defendants. 

Mass Tort Process

Mass torts in Wisconsin involve a complex legal journey with distinct stages. While the specifics may vary depending on the case, here is a general overview:

1. Pleading submission: Each plaintiff files an individual lawsuit against the common defendant.

2. Case consolidation: The court may combine similar cases for efficiency in pre-trial proceedings.

3. Multidistrict litigation: In large-scale cases involving hundreds or thousands of lawsuits, an MDL might be established. This brings all comparable cases before a single judge in a centralized location, streamlining discovery and addressing common legal issues.

4. Pre-trial procedures: Both sides gather evidence, including document collection, depositions, and expert witness testimonies.

5. Bellwether trials: In some cases, the court may select a few representative cases (bellwethers) for trial. The outcomes of these trials can influence the overall settlement negotiations for other plaintiffs. 

6. Settlement: To avoid the uncertainties of a full trial, parties may opt for negotiated settlements.

7. Compensation distribution: Once a settlement is reached or a verdict is made, the court oversees the fair distribution of compensation among plaintiffs, considering factors like individual injuries and pre-determined settlement tiers. 

8. Appeals: Either party may have the right to appeal the court's decision if they believe there were legal errors.

Throughout this process, consulting an experienced mass tort lawyer is vital. They can:

• Advise plaintiffs on the specifics of their case and its potential merits.

• Guide plaintiffs through the legal complexities and ensure their rights are protected.

• Negotiate effectively on plaintiffs’ behalf to achieve a fair outcome.

Wisconsin Tort Liability Insurance Requirements

Wisconsin does not require companies to carry tort liability insurance. However, tort liability may fall under general liability, which businesses may be responsible for if their services, properties, or products cause harm to others. Businesses or companies may opt to protect themselves from lawsuits by purchasing general liability insurance. This may include coverage for:

• Medical expenses: If someone is injured on a company’s property, the policy can help cover their medical bills.

• Property damage: If business activities damage someone else's property, the insurance can cover repair or replacement costs.

• Legal fees: If a company faces a lawsuit related to personal injury, advertising injury, or other covered claims, the insurance can help pay for legal defense costs.

Statutes of Limitations for Tort Cases in Wisconsin

In Wisconsin, most tort lawsuits, including those for personal injury, are subject to a three-year statute of limitations. This means a plaintiff generally has three years from the date of the event that caused their harm to file a lawsuit. This applies to intentional torts as well, such as assault, battery, slander, libel, and false imprisonment.

However, note that exceptions exist. For instance, medical malpractice claims may be subject to a five-year statute of repose. As such, the five-year deadline for filing a lawsuit starts from the date of the claimed negligence, not when the harm is discovered.

How Much Can Someone Sue in a Tort Case in Wisconsin?

In Wisconsin, plaintiffs who prevail in tort cases can be awarded economic/non-economic damages to compensate for their tangible/intangible losses. However, the state imposes caps on non-economic damages for specific cases:

• Against the state: $250,000.

• Against local municipalities: $50,000.

• Medical malpractice claims: $750,000.

The state also follows the modified comparative negligence rule. Thus, a plaintiff's recovery can be reduced based on their percentage of fault for the accident. If they are more than 50% at fault, they are barred from receiving any compensation. However, if their fault is 50% or less, their damages are reduced in proportion to their share of the blame.

Other Legal Remedies in Tort Cases in Wisconsin

While monetary compensation often takes center stage in tort cases, Wisconsin law empowers courts to award other forms of relief to wronged parties. These remedies serve distinct purposes and can be crucial in achieving a just outcome.

Injunction

An injunction is a court order that restricts or compels a specific action by the defendant. This can be particularly useful in situations where:

• Preventing future harm is crucial: An injunction can prohibit the defendant from engaging in activities that could cause further injury to the plaintiff.

• Preserving the status quo is essential: It can maintain the existing situation while the legal dispute is ongoing.

Obtaining an injunction involves filing a motion with the court and presenting evidence demonstrating the legal basis and potential harm if the injunction is not granted.

Restitution

Restitution aims to restore the plaintiff to their original position before the wrongful act occurred. Essentially, the defendant must return any ill-gotten gains or compensate the plaintiff for losses incurred due to their actions.

Unlike damages, which focus on the plaintiff's losses, restitution primarily considers the defendant's unjust enrichment. The recoverable amount is based on the value of what was gained by the defendant, not necessarily the exact amount of the plaintiff's losses.

Resources for Tort Victims in Wisconsin

Free Legal Answers - Wisconsin

This program, offered by the American Bar Association, connects low-income Wisconsin residents with volunteer attorneys who provide free legal advice on various civil legal matters. These include consumer rights, employment issues, and more.

Modest Mean Program

Modest Means Program is part of the State Bar of Wisconsin’s Lawyer Referral and Information Service. It aims to aid people who are not capable of paying a lawyer’s standard fee or are not eligible for free legal services. Its areas of expertise include consumer, criminal defense, and bankruptcy law. 

Contact Information:
Phone:
(608) 257-3838​
(800) 728-7788 (nationwide)
(800) 444-9404​ (auto attendant)

Fax:
(608) 250-6020​

Email:
service@wisbar.org

Address:
State Bar of Wisconsin
5302 Eastpark Blvd.
Madison, WI 53718-2101

Legal Action of Wisconsin

Legal Action of Wisconsin caters to low-income residents. Its volunteer attorneys address legal issues such as domestic violence, elder abuse, and landlord-tenant disputes. It works with clients throughout the state and has operated for over 50 years. The organization can be reached at (855) 947-2529.

Wisconsin Judicare

Wisconsin Judicare is a nonprofit that aids people facing civil legal problems related to public benefits, bankruptcy, and eviction. Applicants may check their eligibility online or via phone. A board of directors, comprising over 12 lawyers, oversees the organization. It started its operations in 1966 under the State Bar of Wisconsin. 

Contact Information:
Address: 
401 North Fifth Street, Suite 200
Wausau, WI 54403

Mailing Address: 
P.O. Box 6100
Wausau, WI 54402-6100

Phone: 
(715) 842-1681

Toll-Free: 
(800) 472-1638

Fax: 
(715) 841-1010