LRB-4874/1
RPN:jlg:ijs
1997 - 1998 LEGISLATURE
February 12, 1998 - Introduced by Representatives Harsdorf, Ainsworth, Bock,
Brandemuehl, Notestein, Wood and R. Young, cosponsored by Senators
Darling, Plache and Clausing. Referred to Committee on Judiciary.
AB791,1,2
1An Act to amend 895.85 (3) of the statutes;
relating to: the standard of conduct
2in cases involving punitive damages.
Analysis by the Legislative Reference Bureau
Under current law, punitive damages may be awarded in certain cases if the
plaintiff submits evidence showing that the defendant acted maliciously toward the
plaintiff or in an intentional disregard of the rights of the plaintiff. This bill adds a
provision allowing the plaintiff to be awarded punitive damages if the plaintiff
submits evidence showing that the defendant acted in a reckless disregard of the
rights of the plaintiff.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB791, s. 1
3Section
1. 895.85 (3) of the statutes is amended to read:
AB791,1,64
895.85
(3) Standard of conduct. The plaintiff may receive punitive damages
5if evidence is submitted showing that the defendant acted maliciously toward the
6plaintiff or in an intentional
or reckless disregard of the rights of the plaintiff.
AB791,2,2
1(1) This act first applies to acts or omissions occurring on the effective date of
2this subsection.
