One legal concept that has confused many of my clients over the years is legal immunity. Generally, people who have legal immunity may be excused from paying for the harm they cause—even if everyone agrees that they were negligent and that someone else was hurt as a result.
Over the years, the Wisconsin Legislature has granted legal immunity to many different groups. Government employees (such as police officers and public school teachers) typically have what is called “discretionary immunity.” That basically means that if the workers had the freedom to decide how to act, and they acted negligently, they still may not be responsible for the harm they caused. This protection for government workers dates back to the general concept that “you can’t sue the king.”
Long after we rejected the king, the Wisconsin Legislature has given some immunity protections to landowners where recreational activities occur, sport shooting ranges, horse owners, ski patrols, people who render emergency aid, retail establishments that let someone use a toilet, and many others.
Back in April, Wisconsin agreed to give some immunity protections to health care professionals and manufacturers of medical supplies related to COVID-19. There have been other proposals that would give very broad immunity to businesses that negligently exposed others to COVID-19.
While most immunities have exceptions, if no exception can be found, people who are injured through no fault of their own might be unable to be reimbursed for their medical bills, lost wages, and suffering.
When immunities are involved, it does not become a question of fairness or right versus wrong. The only question is whether the person who caused the harm fits into a group that our legislature chose to protect at the expense of those who were injured.
If you have any questions, please contact us.
