The Wisconsin 51% Rule
July 2026
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 be 50% or less responsible, the plaintiff only recovers their proportionate share to the total damages determined by the jury. This allows a defendant who caused the greater majority of an injury to avoid responsibilty for causing the entire injury.
When multiple defendants are added to the cause of an injury, the combinations that can be produced by a jury can become very complex. This is why you need experienced legal representation on your side.
At Herrick & Hart, we have been on the side of the injured since 1951. We offer a free consultation on personal injury cases. In many cases, when someone is severely injured we will travel to meet with them if they are unable to travel to meet with us. Your personal injury case deserves experienced legal representation.