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Wisconsin Immunity Law and Personal Injury Lawsuits
Generally speaking, when you suffer a personal injury because of the negligence or wrongdoing of another person, tort laws in Wisconsin are there to protect you and provide you with a means to recover for your losses. This means that in most circumstances, you will be compensated for the injuries and damages you have suffered by the negligent party, who will be held responsible under the law for negligent behavior.
In some cases, there are impediments to getting justice and recovering your damages in a court of law. One such circumstance is when an immunity law is used as a shield, and it acts to protect the irresponsible behavior of the wrongdoer and shifts the costs of the damages and injuries that were caused by the wrongdoer over to the innocent victim.
What Are Immunity Laws?
When you are barred from bringing a lawsuit by an immunity law, it means that the responsible party is protected by the law, and is therefore immune from being sued if somebody is injured on their premises, by their hand, or using their product. As you can imagine, many of these laws have been enacted after much urging from special interest groups, as many businesses would like to avoid the consequences of unsafe behavior.
The number of laws in Wisconsin providing immunity to irresponsible business owners continues to grow, and there is a new bill, recently introduced by the Wisconsin Senate, which, if passed, will provide campground immunity to protect campground owners and their employees. If this latest bill passes, it provides that employees, owners, and operators of private campgrounds will be immune from any civil liability for any property damage, bodily injury, or even death that occurs during the use of the campground.
The only exception to this immunity is if the owner, operator, or employee of the campground acts willfully or wantonly, and the willful or wanton acts or omissions are the cause of injury, damage, or death. Even if a fire is started on a campground and it grows to engulf homes outside of the campground, the campground will be immune from lawsuit.
Are You Concerned That Your Lawsuit Is Affected by Immunity Laws?
There are many laws in Wisconsin that provide immunity to an otherwise responsible party. In such cases, injured people or the loved ones of those who died as a result of the negligence of another can find themselves with no recourse and no way to be compensated for the damages suffered. Never assume, however, that the wrongdoer in your specific case is immune, even if that is what you have been told.
The skilled Milwaukee personal injury attorneys at our firm are experienced in bringing lawsuits against those responsible for the injuries of another, and are well versed in the ins and outs of the current and pending immunity laws in Wisconsin. If you have suffered an injury in Wisconsin and an immunity law is interfering with your ability to recover for your damages, contact us today for a complimentary consultation.
Sources:
https://docs.legis.wisconsin.gov/statutes/statutes/895/II/512
https://docs.legis.wisconsin.gov/2015/related/proposals/sb131
