Dramatic Changes in Wisconsin Tort Law Proposed
The Wisconsin Legislature will be considering a bill in Special Session that would make multiple changes in Wisconsin tort law.
Here are a few highlights:
- New standard for punitive damages;
- 15 year statute of repose;
- New rules for claims based on the risk-contribution theory;
- New rules for joint and several liability in products cases;
- New standards for determining when a product is defective;
- New protections for sellers and distributors;
- Presumption that plaintiff was a cause of his injury if he was under the influence of a controlled substance or had an alcohol level of .08 or more;
- Presumption that product is not defective if it complied at time of sale with “relevant standards, conditions or specifications adopted or approved by a federal or state law or agency;”
- New limits on subsequent remedial measures evidence; and
- New threshold for admitting expert testimony.
Stay tuned for news as this bill proceeds through the Wisconsin legislature.