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New Law Leaves Man In Highway Mishap With Few Options Of Recourse

February 2, 2013 |

A law that took effect last spring is leaving some injured by road hazards in Wisconsin with few options of recourse if they suffer injuries.

According to news reports,  a Wisconsin man was driving down the highway near Madison when a ball of concrete approximately the size of a softball or approximately 4 inches thick flew through his windshield, striking the left side of his head. He suffered a skull fracture, and lost sight in his left eye. He was in the hospital for a period of time, but still suffers continuing numbness.

Unfortunately for the man, a new law that took effect 13 days before the incident severely limited his options for what types of recourse he had available to him due to the accident.

The new law, SB125, nicknamed the “pothole liability” bill, gave presumptive immunity to counties, cities, towns and villages for most damages or injuries that may result from highway defects.

Before the law took effect April 4, 2012, he could have filed a claim for $50,000, but after the law took effect, it left him with little he could do. Supporters of the law argued the funds would be better utilized going toward fixing the problems and not being used in court and attorney fees.

After the law, the only way people can sue and hope to win is by overcoming the law’s immunity clause and showing a government body violated a specific duty to remove a known danger.

If you have suffered serious injuries in any type of personal injury, it is best to discuss your situation with an experienced Wisconsin injury lawyer. Call today for your free, initial consultation.

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