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.

Read the Bill Here:

Stay tuned for news as this bill proceeds through the Wisconsin legislature.