Now that the Joint Finance Committee (JFC) has made changes to and passed the state budget, the bill soon will come before the full State Assembly. It is rumored that the budget could be before the Assembly for a final vote as soon as Wednesday, June 10.
Perhaps one of the most harmful and unknown items in the state budget proposal that I will fight to have removed is known as Joint and Several Liability, or contributory negligence. This provision relates to the liability laws in court cases.
Under current Wisconsin law, in order for someone to be 100 percent financially liable, they must be at least 51 percent at fault. This law, which was passed in 1995 as a bipartisan compromise, has kept Wisconsin in the legal mainstream with other states.
However, changes to Joint and Several Liability were passed by JFC that will dramatically change the legal landscape in Wisconsin, making our state one of the worst in the nation when dealing with liability law.
Under the changes, the new law would lower the threshold for liability so that if a defendant is only 20 percent responsible, they can be found 100 percent liable for any damages. It also provides that a less-at-fault defendant can be sued by an even more at-fault plaintiff. Additionally, if a person is found to be 99 percent liable and has no insurance or is unable to pay, his or her liability then could be unfairly distributed to a defendant that is only 1 percent liable, putting them at risk to potentially pay 100 percent of the costs.
To me, it does not make sense to make someone who is only 1 percent at fault pay 100 percent of the damages; just because they have insurance or assets. For the average family, this will mean higher insurance costs as insurance companies raise rates to buffer against future lawsuits.
Equally as important, this provision is an example of nonfiscal policy in the state budget and should be removed. It does nothing to create jobs, foster economic development, or help balance the state budget. In fact, this provision does the exact opposite. It will force manufacturers and businesses across the state to rethink their decisions, and may force some to relocate to other states where the litigation environment is not nearly as hostile as Wisconsin. Therefore, I am working with my colleagues to garner enough votes to have this provision stripped from the state budget when it is taken up in the State Assembly.
I want to hear from you, so please feel welcome to express your thoughts or let me know if I can be helpful to you in any way by calling (888) 534-0080, e-mailing me at Rep.Davis@legis.wi.gov or by writing or stopping by 11 West, State Capitol, Madison, WI 53708.
It is an honor serving the residents of the 80th District in the State Assembly!
- Rep. Brett Davis, R-Oregon, serves the 80th Assembly District, which includes all of Green County and parts of Lafayette, Rock and Dane counties.
Perhaps one of the most harmful and unknown items in the state budget proposal that I will fight to have removed is known as Joint and Several Liability, or contributory negligence. This provision relates to the liability laws in court cases.
Under current Wisconsin law, in order for someone to be 100 percent financially liable, they must be at least 51 percent at fault. This law, which was passed in 1995 as a bipartisan compromise, has kept Wisconsin in the legal mainstream with other states.
However, changes to Joint and Several Liability were passed by JFC that will dramatically change the legal landscape in Wisconsin, making our state one of the worst in the nation when dealing with liability law.
Under the changes, the new law would lower the threshold for liability so that if a defendant is only 20 percent responsible, they can be found 100 percent liable for any damages. It also provides that a less-at-fault defendant can be sued by an even more at-fault plaintiff. Additionally, if a person is found to be 99 percent liable and has no insurance or is unable to pay, his or her liability then could be unfairly distributed to a defendant that is only 1 percent liable, putting them at risk to potentially pay 100 percent of the costs.
To me, it does not make sense to make someone who is only 1 percent at fault pay 100 percent of the damages; just because they have insurance or assets. For the average family, this will mean higher insurance costs as insurance companies raise rates to buffer against future lawsuits.
Equally as important, this provision is an example of nonfiscal policy in the state budget and should be removed. It does nothing to create jobs, foster economic development, or help balance the state budget. In fact, this provision does the exact opposite. It will force manufacturers and businesses across the state to rethink their decisions, and may force some to relocate to other states where the litigation environment is not nearly as hostile as Wisconsin. Therefore, I am working with my colleagues to garner enough votes to have this provision stripped from the state budget when it is taken up in the State Assembly.
I want to hear from you, so please feel welcome to express your thoughts or let me know if I can be helpful to you in any way by calling (888) 534-0080, e-mailing me at Rep.Davis@legis.wi.gov or by writing or stopping by 11 West, State Capitol, Madison, WI 53708.
It is an honor serving the residents of the 80th District in the State Assembly!
- Rep. Brett Davis, R-Oregon, serves the 80th Assembly District, which includes all of Green County and parts of Lafayette, Rock and Dane counties.
