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Wisconsin

Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 7

Med Pay Subrogation - Yes

PIP Subrogation - No


Statute of Limitations

Statute of Repose: Products N/A
Statute of Repose: Real Property 6 years
Breach of Contract (Written) 6 years
Personal Property 3 years
Personal Injury 3 years
Warranty 6 years

ABLE TO PURSUE OWNER

Sue Owner for Negligence - NO

Suspend Owner's License - YES


Deductible Reimbursement

Dollar One (Insured Made Whole) State (with some indication of proportionate reduction for comparative negligence) & Pro Rata State (if written consent is obtained from insured) 
No applicable statute or Administrative Code provision exists; Wisconsin’s Office of the Commissioner of Insurance (OCI) advises it relies on case law to establish if the insured is entitled to the first dollar collected
 


Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
 

Wage garnishment actions are considered separate actions under WI statute, requiring the payment of a filing fee and issuance of the earnings garnishment notice to the employer and employee, which can be accomplished by first class mail; Upon issuance of the earnings garnishment, the garnishment will remain in effect for a period of 13 weeks.  At the end of this time period, a new garnishment action must be commenced, unless the previous garnishment was voluntarily extended; typically, 20% of a debtor’s net earnings after withholding taxes and Social Security can be taken by a creditor.  A debtor does have the right to assert various exemptions to the garnishment, including income below the Federal Poverty Guidelines, eligibility to receive food stamps or medical assistance, or court-ordered assignments of child support that exceed 25% of the debtor’s wages
 


Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability:
    $5,000 Property Damage, theft, and other tortious conduct
    $20,000 plus court costs attorney’s fees (school property)
    Unlimited for Auto Liability 
    Maximum recovery for retail theft is as follows: Retail value (unless returned unused and undamaged),
          plus actual damages, plus exemplary damages (not to exceed two times of retail value plus actual damages, 
          or $300 per violation); 
Liability imposed for child’s damages to property, including school property; Liability imposed for child’s violation of ordinance prohibiting graffiti; Liability imposed for the value of unrecovered property that was stolen by child; Liability imposed for willful, wanton, or malicious act of child; Further, parent who signed license application for child is jointly and severally liable for child’s negligent or willful misconduct in operating the motor vehicle
 


Subrogation by Landlord's Carrier against Tenant

YES


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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