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Contributory Negligence
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330 East Kilbourn Avenue, Suite 1170
Milwaukee, WI 53202
Gimbel, Reilly, Guerin & Brown, LLP



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Wisconsin accident attorney, accident liability, Wisconsin injury lawyerIn any personal injury case, fault is one of the most critical elements that you have to prove. The person at fault, the one whose negligence caused the accident, is the person typically responsible to pay for the damage caused by the accident. In some cases, it is very clear who caused the accident. But in many cases, it might be unclear who is at fault. Under the laws of Wisconsin, if it is unclear who caused the accident, rules of contributory negligence and comparative fault will come into play.

Historically, contributory negligence meant that, if you played even the slightest role in the accident, and suffered an injury, you were not able to recover for your damages. However, Wisconsin adopted the modified comparative fault rule, which means that you can recover for your injuries in an accident to which you contributed, so long as your fault was less than 51 percent.

Comparative Fault Cases


Wisconsin accident attorney, injury liability, Wisconsin injury lawyer, Wisconsin tort lawWhen you are involved in an accident that causes you to suffer a personal injury, there are many questions on your mind. Some of these questions may include wondering how much your case is really worth. The law views the value of your case in terms of damages and there are many factors that contribute to them.

You can receive money damages in one of two ways. You can try reaching a settlement with the party responsible for your injuries or their insurance company. If that fails, you can file a lawsuit against the party who caused your injuries and the judge or jury can award money damages to you after trial.

If you or someone you loved suffered a personal injury as a result of the negligent or outrageous behavior of another, you should contact an experienced personal injury attorney who will be able to properly evaluate your case, identify the possible amounts of recovery and provide you with the best course of action to receive the compensation you deserve.


Wisconsin accident attorney, accident liability, Wisconsin injury lawyerAccidents happen all the time and frequently, injuries occur as a result. But, when the injuries occur due to elements outside of your custody or control, legal recourse may be an option. When you slip and fall on someone else’s property, it may lead to a premises liability case. You need to prove that the property owner is liable for your injuries — that the homeowner was negligent in some way.

When a homeowner hosts a party and invites guests, the homeowner will most likely be liable for any injuries the guests suffer while on the premises. A homeowner owes a duty of reasonable care to guests. This means that a homeowner must provide a reasonably safe environment for guests invited onto the premises. Additionally, homeowners have a duty to prevent dangerous conditions unless the conditions are so obvious that the guests will avoid it.

If you or someone you know slipped and fell on the premises of another as an invited guest, you should contact an experienced premises liability attorney who will be able to assist you in identifying who is responsible for your injuries and provide you with the guidance you need to get the compensation you deserve.


Wisconsin accident attorney, accident liability, Wisconsin injury lawyerMany of the personal injury accidents that transpire within Wisconsin occur on someone else’s property, either inside or outside a building. These types of accidents are identified as premises liability, cases and they can occur on public or private property when dangerous conditions are present.

Dangerous conditions create unreasonable risks of harm. For example, unreasonable risks of harm are found in scenarios involving poorly maintained premises, improperly constructed stairwells, or when premises owners fail to give adequate warning of a dangerous condition. If you, or someone you know, entered a dangerous premise and suffered an injury due to a slip and fall on someone else’s property, you should contact an experienced personal injury attorney as soon as possible. In Wisconsin, the statute of limitations provides only three years from the date of injury to file a claim, thus it is important to act quickly.

The Basics of Liability

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