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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