SB1,20,2522 (c) If the injured party's percentage of total causal responsibility for the injury
23is equal to or less than the percentage resulting from the defective condition of the
24product, the injured party may recover but the damages recovered by the injured
25party shall be diminished by the percentage attributed to that injured party.
SB1,21,15
1(d) If multiple defendants are alleged to be responsible for the defective
2condition of the product, and the injured party is not barred from recovery under par.
3(b), the fact finder shall determine the percentage of causal responsibility of each
4product defendant for the defective condition of the product. The judge shall then
5multiply that percentage of causal responsibility of each product defendant for the
6defective condition of the product by the percentage of causal responsibility for the
7injury to the person attributed to the defective product. The result of that
8multiplication is the individual product defendant's percentage of responsibility for
9the damages to the injured party. A product defendant whose responsibility for the
10damages to the injured party is 51 percent or more of the total responsibility for the
11damages to the injured party is jointly and severally liable for all of the damages to
12the injured party. The responsibility of a product defendant whose responsibility for
13the damages to the injured party is less than 51 percent of the total responsibility
14for the damages to the injured party is limited to that product defendant's percentage
15of responsibility for the damages to the injured party.
SB1,21,1916 (e) If the injured party is not barred from recovery under par. (b), the fact that
17the injured party's causal responsibility for the injury is greater than an individual
18product defendant's responsibility for the damages to the injured party does not bar
19the injured party from recovering from that individual product defendant.
SB1,21,2120 (f) This subsection does not apply to actions based on negligence or a breach of
21warranty.
SB1, s. 30 22Section 30. 895.046 of the statutes is created to read:
SB1,21,24 23895.046 Remedies against manufacturers, distributors, sellers, and
24promoters of products.
(1) Definitions. In this section:
SB1,22,2
1(a) "Claimant" means a person seeking damages or other relief for injury or
2harm to a person or property caused by or arising from a product.
SB1,22,53 (b) "Relevant production period" means the time period during which the
4specific product that allegedly caused a claimant's injury or harm was manufactured,
5distributed, sold, or promoted.
SB1,22,12 6(2) Applicability. This section applies to all actions in which a claimant alleges
7that the manufacturer, distributor, seller, or promoter of a product is liable for an
8injury or harm to a person or property, including actions based on allegations that
9the design, manufacture, distribution, sale, or promotion of, or instructions or
10warnings about, a product caused or contributed to a personal injury or harm to a
11person or property, a private nuisance, or a public nuisance, and to all related or
12independent claims, including unjust enrichment, restitution, or indemnification.
SB1,22,18 13(3) Remedy with specific product identification. Except as provided in sub.
14(4), the manufacturer, distributor, seller, or promoter of a product may be held liable
15in an action under sub. (2) only if the claimant proves, in addition to any other
16elements required to prove his or her claim, that the manufacturer, distributor,
17seller, or promoter of a product manufactured, distributed, sold, or promoted the
18specific product alleged to have caused the claimant's injury or harm.
SB1,22,22 19(4) Remedy without specific product identification. Subject to sub. (5), if a
20claimant cannot meet the burden of proof under sub. (3), the manufacturer,
21distributor, seller, or promoter of a product may be held liable for an action under sub.
22(2) only if all of the following apply:
SB1,22,2323 (a) The claimant proves all of the following:
SB1,22,2524 1. That no other lawful process exists for the claimant to seek redress from
25another person for the injury or harm.
SB1,23,3
12. That the claimant has suffered an injury or harm that can be caused only
2by a product chemically identical to the specific product that allegedly caused the
3claimant's injury or harm.
SB1,23,64 3. That the manufacturer, distributor, seller, or promoter of a product
5manufactured, distributed, sold, or promoted a product that meets all of the
6following criteria:
SB1,23,87 a. Is chemically identical to the specific product that allegedly caused the
8claimant's injury or harm.
SB1,23,119 b. Was manufactured, distributed, sold, or promoted in this state during the
10time period in which the specific product that allegedly caused the claimant's injury
11or harm was manufactured, distributed, sold, or promoted.
SB1,23,1512 (b) The action names, as defendants, those manufacturers of a product who
13collectively, during the relevant production period, manufactured at least 80 percent
14of all products sold in this state that are chemically identical to the specific product
15that allegedly caused the claimant's injury or harm.
SB1,23,21 16(5) Limitation on liability. No manufacturer, distributor, seller, or promoter
17of a product is liable under sub. (4) if more than 25 years have passed between the
18date that the manufacturer, distributor, seller, or promoter of a product last
19manufactured, distributed, sold, or promoted a product chemically identical to the
20specific product that allegedly caused the claimant's injury and the date that the
21claimant's cause of action accrued.
SB1,23,25 22(6) Apportionment of liability. If more than one manufacturer, distributor,
23seller, or promoter of a product is found liable for the claimant's injury or harm under
24subs. (4) and (5), the court shall apportion liability among those manufacturers,
25distributors, sellers, and promoters, but that liability shall be several and not joint.
SB1, s. 31
1Section 31. 895.047 of the statutes is created to read:
SB1,24,5 2895.047 Product liability. (1) Liability of manufacturer. In an action for
3damages caused by a manufactured product based on a claim of strict liability, a
4manufacturer is liable to a claimant if the claimant establishes all of the following
5by a preponderance of the evidence:
SB1,24,176 (a) That the product is defective because it contains a manufacturing defect,
7is defective in design, or is defective because of inadequate instructions or warnings.
8A product contains a manufacturing defect if the product departs from its intended
9design even though all possible care was exercised in the manufacture of the product.
10A product is defective in design if the foreseeable risks of harm posed by the product
11could have been reduced or avoided by the adoption of a reasonable alternative
12design by the manufacturer and the omission of the alternative design renders the
13product not reasonably safe. A product is defective because of inadequate
14instructions or warnings only if the foreseeable risks of harm posed by the product
15could have been reduced or avoided by the provision of reasonable instructions or
16warnings by the manufacturer and the omission of the instructions or warnings
17renders the product not reasonably safe.
SB1,24,1918 (b) That the defective condition rendered the product unreasonably dangerous
19to persons or property.
SB1,24,2120 (c) That the defective condition existed at the time the product left the control
21of the manufacturer.
SB1,24,2322 (d) That the product reached the user or consumer without substantial change
23in the condition in which it was sold.
SB1,24,2424 (e) That the defective condition was a cause of the claimant's damages.
SB1,25,3
1(2) Liability of seller or distributor. (a) A seller or distributor of a product
2is not liable based on a claim of strict liability to a claimant unless the manufacturer
3would be liable under sub. (1) and any of the following applies:
SB1,25,74 1. The claimant proves by a preponderance of the evidence that the seller or
5distributor has contractually assumed one of the manufacturer's duties to
6manufacture, design, or provide warnings or instructions with respect to the
7product.
SB1,25,98 2. The claimant proves by a preponderance of the evidence that neither the
9manufacturer nor its insurer is subject to service of process within this state.
SB1,25,1110 3. A court determines that the claimant would be unable to enforce a judgment
11against the manufacturer or its insurer.
SB1,25,1412 (b) The court shall dismiss a product seller or distributor as a defendant based
13on par. (a) 2. if the manufacturer or its insurer submits itself to the jurisdiction of the
14court in which the suit is pending.
SB1,25,20 15(3) Defenses. (a) If the defendant proves by clear and convincing evidence that
16at the time of the injury the claimant was under the influence of any controlled
17substance or controlled substance analog to the extent prohibited under s. 346.63 (1)
18(a), or had an alcohol concentration, as defined in s. 340.01 (1v), of 0.08 or more, there
19shall be a rebuttable presumption that the claimant's intoxication or drug use was
20the cause of his or her injury.
SB1,25,2421 (b) Evidence that the product, at the time of sale, complied in material respects
22with relevant standards, conditions, or specifications adopted or approved by a
23federal or state law or agency shall create a rebuttable presumption that the product
24is not defective.
SB1,26,4
1(c) The damages for which a manufacturer, seller, or distributor would
2otherwise be liable shall be reduced by the percentage of causal responsibility for the
3claimant's harm attributable to the claimant's misuse, alteration, or modification of
4the product.
SB1,26,85 (d) The court shall dismiss the claimant's action under this section if the
6damage was caused by an inherent characteristic of the product that would be
7recognized by an ordinary person with ordinary knowledge common to the
8community that uses or consumes the product.
SB1,26,129 (e) A seller or distributor of a product is not liable to a claimant for damages
10if the seller or distributor receives the product in a sealed container and has no
11reasonable opportunity to test or inspect the product. This paragraph does not apply
12if the seller or distributor may be liable under sub. (2) (a) 2. or 3.
SB1,26,19 13(4) Subsequent remedial measures. In an action for damages caused by a
14manufactured product based on a claim of strict liability, evidence of remedial
15measures taken subsequent to the sale of the product is not admissible for the
16purpose of showing a manufacturing defect in the product, a defect in the design of
17the product, or a need for a warning or instruction. This subsection does not prohibit
18the admission of such evidence to show a reasonable alternative design that existed
19at the time when the product was sold.
SB1,26,25 20(5) Time limit. In any action under this section, a defendant is not liable to a
21claimant for damages if the product alleged to have caused the damage was
22manufactured 15 years or more before the claim accrues, unless the manufacturer
23makes a specific representation that the product will last for a period beyond 15
24years. This subsection does not apply to an action based on a claim for damages
25caused by a latent disease.
SB1,27,2
1(6) Inapplicability. This section does not apply to actions based on a claim of
2negligence or breach of warranty.
SB1, s. 32 3Section 32. 904.16 of the statutes is created to read:
SB1,27,4 4904.16 Health care reports. (1) In this section:
SB1,27,55 (a) "Health care provider" has the meaning given in s. 146.38 (1) (b).
SB1,27,86 (b) "Regulatory agency" means the department of regulation and licensing or
7the division within the department of health services that conducts quality
8assurance activities related to health care providers.
SB1,27,10 9(2) Except as provided in sub. (3), the following may not be used as evidence
10in a civil or criminal action brought against a health care provider.
SB1,27,1211 (a) Reports that a regulatory agency requires a health care provider to give or
12disclose to that regulatory agency.
SB1,27,1513 (b) Statements of, or records of interviews with, employees of a health care
14provider related to the regulation of the health care provider obtained by a regulatory
15agency.
SB1,27,18 16(3) This section does not prohibit the use of the reports, statements, and records
17described in sub. (2) in any administrative proceeding conducted by a regulatory
18agency. This section does not apply to reports protected under s. 146.997.
SB1, s. 33 19Section 33. 907.01 of the statutes is renumbered 907.01 (intro.) and amended
20to read:
SB1,27,23 21907.01 Opinion testimony by lay witnesses. (intro.) If the witness is not
22testifying as an expert, the witness's testimony in the form of opinions or inferences
23is limited to those opinions or inferences which are rationally all of the following:
SB1,27,24 24(1) Rationally based on the perception of the witness and helpful.
SB1,28,2
1(2) Helpful to a clear understanding of the witness's testimony or the
2determination of a fact in issue.
SB1, s. 34 3Section 34. 907.01 (3) of the statutes is created to read:
SB1,28,54 907.01 (3) Not based on scientific, technical, or other specialized knowledge
5within the scope of a witness under s. 907.02 (1).
SB1, s. 35 6Section 35. 907.02 of the statutes is renumbered 907.02 (1) (intro.) and
7amended to read:
SB1,28,128 907.02 (1) (intro.) If scientific, technical, or other specialized knowledge will
9assist the trier of fact to understand the evidence or to determine a fact in issue, a
10witness qualified as an expert by knowledge, skill, experience, training, or education,
11may testify thereto in the form of an opinion or otherwise. if all of the following are
12true:
SB1, s. 36 13Section 36. 907.02 (1) (a), (b) and (c) of the statutes are created to read:
SB1,28,1414 907.02 (1) (a) The testimony is based upon sufficient facts or data.
SB1,28,1515 (b) The testimony is the product of reliable principles and methods.
SB1,28,1716 (c) The witness has applied the principles and methods reliably to the facts of
17the case.
SB1, s. 37 18Section 37. 907.02 (2) of the statutes is created to read:
SB1,28,2219 907.02 (2) Notwithstanding sub. (1), the testimony of an expert witness may
20not be admitted if the expert witness is entitled to receive any compensation
21contingent on the outcome of any claim or case with respect to which the testimony
22is being offered.
SB1, s. 38 23Section 38. 907.03 of the statutes is amended to read:
SB1,29,8 24907.03 Bases of opinion testimony by experts. The facts or data in the
25particular case upon which an expert bases an opinion or inference may be those

1perceived by or made known to the expert at or before the hearing. If of a type
2reasonably relied upon by experts in the particular field in forming opinions or
3inferences upon the subject, the facts or data need not be admissible in evidence in
4order for the opinion or inference to be admitted. Facts or data that are otherwise
5inadmissible may not be disclosed to the jury by the proponent of the opinion or
6inference unless the court determines that their probative value in assisting the jury
7to evaluate the expert's opinion or inference substantially outweighs their
8prejudicial effect
.
SB1, s. 39 9Section 39. 940.08 (1) of the statutes is amended to read:
SB1,29,1210 940.08 (1) Whoever Except as provided in sub. (3), whoever causes the death
11of another human being by the negligent operation or handling of a dangerous
12weapon, explosives or fire is guilty of a Class G felony.
SB1, s. 40 13Section 40. 940.08 (3) of the statutes is created to read:
SB1,29,1514 940.08 (3) Subsection (1) does not apply to a health care provider acting within
15the scope of his or her practice or employment.
SB1, s. 41 16Section 41. 940.24 (1) of the statutes is amended to read:
SB1,29,1917 940.24 (1) Whoever Except as provided in sub. (3), whoever causes bodily harm
18to another by the negligent operation or handling of a dangerous weapon, explosives
19or fire is guilty of a Class I felony.
SB1, s. 42 20Section 42. 940.24 (3) of the statutes is created to read:
SB1,29,2221 940.24 (3) Subsection (1) does not apply to a health care provider acting within
22the scope of his or her practice or employment.
SB1, s. 43 23Section 43. 940.295 (3) (a) 3. of the statutes is amended to read:
SB1,29,2524 940.295 (3) (a) 3. Abuses Except as provided in par. (am), abuses, with
25negligence, or neglects a patient or a resident.
SB1, s. 44
1Section 44. 940.295 (3) (am) of the statutes is created to read:
SB1,30,62 940.295 (3) (am) Paragraph (a) 3. does not apply to a health care provider
3acting in the scope of his or her practice or employment who commits an act or
4omission of mere inefficiency, unsatisfactory conduct, or failure in good performance
5as the result of inability, incapacity, inadvertency, ordinary negligence, or good faith
6error in judgment or discretion.
SB1, s. 45 7Section 45. Initial applicability.
SB1,30,108 (1) Crimes. The treatment of sections 940.08 (1) and (3), 940.24 (1) and (3), and
9940.295 (3) (a) 3. and (am) of the statutes first applies to acts or omissions committed
10on the effective date of this subsection.
SB1,30,1311 (2) Disclosure and release of records or information. The treatment of
12section 146.38 (1m), (2), (3) (d) and (e), and (3m) of the statutes first applies to
13disclosures or releases occurring on the effective date of this subsection.
SB1,30,1614 (3) Use of records or information. The treatment of section 146.38 (2) and
15(2m) of the statutes first applies to use of records or information on the effective date
16of this subsection.
SB1,30,2017 (4) Evidence. The treatment of section 904.16 of the statutes first applies to
18health care provider reports received, and statements of, or records of interviews
19with, employees of a health care provider obtained, on the effective date of this
20subsection.
SB1,31,221 (5) Civil actions. The treatment of sections 230.85 (3) (b), 802.10 (7), 809.103
22(2) (a), 814.04 (intro.), 814.29 (3) (a), 895.043 (6), 895.044, 895.045 (3), 895.046,
23895.047, and 907.03 of the statutes, the renumbering and amendment of sections
24895.043 (3), 907.01, and 907.02 of the statutes, and the creation of sections 895.043
25(3) (a) and (b), 907.01 (3), and 907.02 (1) (a), (b), and (c) and (2) of the statutes first

1apply to actions or special proceedings that are commenced or continued on the
2effective date of this subsection.
SB1, s. 46 3Section 46. Effective date.
SB1,31,54 (1) This act takes effect on the first day of the 2nd month beginning after
5publication.
SB1,31,66 (End)
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