Wisconsin Law Journal – WI Legal News & Resources Wisconsin Legal News & Resources
Loading ...Poll: Should Wisconsin change its joint and several liability laws to make any defendant found negligent liable for the entire judgment?
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Too often the innocent injured person can’t recover for his losses and injuries- this law needs to be changed
At present the innocent who is 0% at fault is sometimes forced to pay these losses. Sometimes holding a minority tortfeasor responsible for all of the damages may be less than perfect fairness, but it is less unfair than the alternative. THAT’S NOT AN OPINION; IT’S MATH, BABY!
This may be a question of the lesser of two injustices, but a negligent party can generally buy insurance to protect itself against the prospect of having to pay more than its fair share, while a victim with an uncollectible judgment is just out of luck.
The proposed change would allow for an injured party to be made whole by collecting from any tortfeasor who was found to be more negligent than the injured party. It represents a return to a tort system that allows for a full recovery to an injured party and places the burden of obtaining contribution on to the tortfeasors.
The Governor