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The Wisconsin 51% Rule
Wisconsin follows the law of comparative negligence. At trial, a jury is asked to compare the respective negligence of the parties involved and assign a percentage to each party that represents their responsiblity. However, a jury is not instructed as to what the court will do with the percentages after the verdict is returned. In Wisconsin, if the injured party is 51% or more at fault, the injured party recovers nothing for their injuries. If a plaintiff is found to…