Wisconsin · Comparative Negligence

Wisconsin Comparative Negligence Rule

Wisconsin follows a modified 51% bar rule under Wis. Stat. § 895.045. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Wisconsin

Rule type: Modified 51% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Wisconsin

Modified comparative negligence with a 51% bar; recovery is permitted when the plaintiff’s negligence is "not greater than" the negligence of the person against whom recovery is sought. The plaintiff’s fault is compared individually to each defendant, not the combined defendants, for the bar analysis.

Related: Wisconsin statute of limitations

Wisconsin gives you 3 years to file a personal injury lawsuit under Wis. Stat. § 893.54.

See the full Wisconsin statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Wisconsin attorney before relying on it.

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Wisconsin Comparative Negligence FAQ

What comparative negligence rule does Wisconsin follow?

Wisconsin follows a modified 51% bar rule under Wis. Stat. § 895.045. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Wisconsin?

Yes, up to a point. In Wisconsin you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Wisconsin?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Wisconsin bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Wisconsin?

Wisconsin gives you 3 years to file a personal injury lawsuit under Wis. Stat. § 893.54.

Where can I read the actual rule?

The controlling authority is Wis. Stat. § 895.045. The full text is available at https://docs.legis.wisconsin.gov/statutes/statutes/895/i/045.

See comparative negligence rules for all 51 covered states