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Wis. Stat. § 891.44

Presumption of lack of contributory negligence for infant minor

Applied in 1 court decision — leading case 381 Wis. 2d 522 - State v. Shaun M. Sanders (2018)

Most recently applied in 381 Wis. 2d 522 - State v. Shaun M. Sanders (May 2018)

It shall be conclusively presumed that an infant minor who has not reached the age of 7 shall be incapable of being guilty of contributory negligence or of any negligence whatsoever. A refusal to instruct under this section was not error when no issue of the plaintiff’s negligence was presented by the pleadings or by evidence. Wagner v. American Family Mutual Insurance Co., 65 Wis. 2d 243, 222 N.W.2d 652 (1974).

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.