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.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.
