Most cases require proof of fault.
Fault can be based on intentional conduct, reckless conduct, or negligence. Occasionally, liability is found without fault, such as in some dog bite or product liability cases, but even those cases require proof of certain elements that must be satisfied before payment will be made. The majority of personal injury cases are brought as a result of negligence. Wisconsin is a comparative fault state. That means that the injured person can only recover if his or her negligence is not greater than the negligence of the person against whom the claim is made.