Wisconsin is a "comparative negligence" state - please be patient while I type to explain what this means to your scenario
This means, Wisconsin has a 51% rule. With that being said, if you can prove that the injured party was 51% or more at fault, then he cannot recover at all
But if he is 50% or less at fault, then he can recover but recovery would be reduced base on the level or degree of fault as determined by a court or jury
Did anyone witness it?
If not, then it would be based on what the children say happened
Here is the Wisconsin law on the matter under
895.045(1)(1) Comparative negligence. Contributory negligence does not bar recovery in an action by any person or the person's legal representative to recover damages for negligence resulting in death or in injury to person or property, if that negligence was not greater than the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of negligence attributed to the person recovering. The negligence of the plaintiff shall be measured separately against the negligence of each person found to be causally negligent. The liability of each person found to be causally negligent whose percentage of causal negligence is less than 51% is limited to the percentage of the total causal negligence attributed to that person. A person found to be causally negligent whose percentage of causal negligence is 51% or more shall be jointly and severally liable for the damages allowed.
Well, I am not a jury or court. So I am not in a position to discern how much fault. But I believe if you bring this to the attention of the Mother
and let her decide if she feels she could win anything since her 12 year old son ran near a swinging bat
Unless you child was chasing him down with the bat, you see
The question becomes would a normal 12 year old boy run near a swinging bat?
You're welcome. And best to all of you in this matter
I am sure she is, as any parent would be. So, you might want to consult with a local attorney who can explain the law to her
and then see if she is willing to accept the offer you have made
I am going to switch to the Q&A format, as it might be a little easier for you to handle. Seems you are in and out of chat. We can continue there.
Thank you for the accept. If you have further questions, you can post here.
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