Wisconsin

STATUTE OF LIMITATIONS

Personal Property: 6 Years (3 for Auto)

Personal Injury: 3 Years

Breach of Contract (Written): 6 Years

Breach of Contract (Oral): 6 Years

Statute of Repose (Real Property): 10 Years

Statute of Repose (Products): 3 or 6 Years

Breach of Warranty: 6 Years

GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS

Notice required within 120 days of claim’s accrual

PIP/MED PAY SUBROGATION

PIP: NO
MED PAY: YES

CONTRIBUTORY NEGLIGENCE

Modified Comparative – 51%
Plaintiff cannot recover if 51% or more at fault (if found to be 50% at fault, plaintiff can recover)

PARENTAL RESPONSIBILITY

Limitation on Parents’ Liability:
-$5,000.00 for Property Damage and Theft
-$20,000.00 for Property Damage to School Property
-Unlimited for Auto Claims

Liable when child under 18 damages property

Parent who signed driver’s license application is jointly and severally liable for child’s negligent for willful acts while operating a motor vehicle

CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT

There is generally no requirement for filing a certificate or affidavit of merit for claims against professionals

JOINT AND SEVERAL LIABILITY

Join and several liability for defendants who are 51% or more at fault and for all defendants who acted in concert

Several Liability for those cases involving strict products liability

VICARIOUS LIABILITY

AGAINST OWNER OF VEHICLE: NO

MADE WHOLE DOCTRINE

Applies

DEDUCTIBLE REIMBURSEMENT

No applicable statute

Subrogation laws are constantly changing. Dickstein Law, LLC makes every effort to keep the state specific information up to date and accurate.  However, the information may become outdated or superseded by new law over time.  The state specific information contained on this site should not be construed as legal advice by Dickstein Law, LLC.  These materials are intended as a general information resource and should not be relied on for any specific claim or situation. If you have a subrogation question or if you notice an error in the information provided on this site, please contact Brandon Dickstein at brandon@dicksteinsubro.com.