Wisconsin Court: Personal Injury Suit May Proceed Despite Liability Waiver

Steven Kluender

Ronald Brooten was injured at a local Wisconsin gym when a weight bench he was using unexpectedly collapsed. Brooten sued the gym, and, on appeal, the Wisconsin Court of Appeals held in his favor, ruling that the gym’s excessively broad liability waiver was contrary to public policy and therefore void and unenforceable. Brooten’s win may be a victory for personal injury victims across Wisconsin.

The Wisconsin Court of Appeals held that the liability waiver was void because waivers of this type may only apply to negligent behavior on behalf of the property owner — not for injuries suffered due to reckless or intentional conduct. In addition to proving that the responsible party was reckless, a personal injury claim must assert each of the following elements:

  • The plaintiff has suffered a serious physical injury.
  • The serious physical injury was caused by another person acting carelessly or recklessly.
  • There is a causal link between the other person’s behavior and the injuries suffered.

Your Milwaukee personal injury attorney will investigate and gather evidence to prove all elements of a personal injury claim, regardless of the causes for injury, e.g. a motor vehicle accident, hazardous premises or any other cause. It is important to consult with an attorney as soon as possible following your injury to comply with Wisconsin’s three-year statute of limitations, which bars suits filed after this period, with few exceptions.

The personal injury attorneys at The Previant Law Firm, S.C. have more than 100 years of combined experience handling personal injury and wrongful death cases. Our compassionate lawyers will accompany you throughout the critical stages of your case and aggressively pursue the compensation you deserve. Contact us today for your initial personal injury consultation.