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Does Wisconsin recognize the Restatement (Third) of Torts: Liability for Physical and Emotional Harm?

Thorp, WI |

If not, what would be the process to have Wisconsin recognize the Restatement (Third) of Torts: Liability for Physical and Emotional Harm?

Attorney Answers 7


  1. Is this simply in the nature of a research question? If so, I doubt that many attorneys want to waste their time. If you have a real problem related to personal injury then re-post your question.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  2. I concur. This question does not appear to be on connection with any legal matter.


  3. I agree this question does not seem to pose a legal problem.


  4. States "adopt" the positions in the Restatement when appellate decisions decide to accept or endorse or approve the position set forth in the restatement. Then other cases/courts may follow the precedent set by that court.


  5. Legal research is relatively simple these days. The best approach is to go to a law library and do a search starting out with the key phrases that will lead to the answer. A second best approach is to use a regular search engine, which may or may not lead to your answer. I've handled emotional distress cases up to the appellate level but Wisconsin law does not stand out in my mind. An emotional distress summary is linked below: [Blue Link Below]

    The answer to the second part of your question is that appellate attorneys can suggest Restatement views, if they apply to the facts presented in a particular case, and brief strong legal argument in support of the Restatement. But, it is up to the court to follow the law that it views pertinent.

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


  6. The Restatements are simply topical collections of legal authority from across multiple jurisdictions. You'd need to look at the specific question posed in your case, and then research the specific point of law you want to argue as it appears in Wisconsin case law. This may be difficult for a person not trained in the law to accomplish. This is the type of work that lawyers get paid to do. As posed, this question cannot be answered.

    This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.

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