In most personal injury cases, a person who is injured by the negligence of another person can hold him or her responsible for damages. This means that the injury victim can receive compensation for any losses related to the accident and his or her injuries. In some cases, however, immunity laws exist, which can make it more difficult, if not impossible, to get compensation from the person or entity responsible for causing the accident that led to your injuries.
Immunity laws bar an individual from filing lawsuits against other individuals or entities if he or she is injured as a result of their negligent actions in failing to secure or maintain the premises or allowing a manufacturing defect in a product. In essence, an immunity law protects the individual or entity from being sued for a personal injury claim in most circumstances. Unfortunately, immunity laws mostly protect irresponsible businesses who often cause conditions that can be harmful to individuals. If an immunity law applies, then the injury victim is left without a remedy and must absorb the costs of his or her own injuries.
One example of an immunity law is Wisconsin’s recreational immunity statute. The law protects property owners from liability if an individual is injured while engaging in any type of recreational activity while on the property. The term “owner” applies to private citizens and businesses, as well as non-profit and governmental entities. However, there are exceptions to this general rule of immunity. For instance, if a property owner collects more than $2,000 in payments or fees for using the land in the year in which the injury occurred, he or she will not be immune from a personal injury lawsuit. Likewise, if the property owner uses the property for organized sports, he or she has no immunity if an injury occurs. There is also an exception to the general immunity law for property owners who invite others as guests onto the property to engage in recreational activities.
Immunity laws are complex matters that may limit or eliminate many forms of legal recourse that normally would be available in a personal injury case. The exact effects of immunity laws may differ substantially depending on the details of your case. For more information about how to properly handle your personal injury claim, contact the Wisconsin personal injury lawyers of Boller & Vaughan today.