Recent State Supreme Court decisions have thrown Wisconsin’s economy into a liability crisis. The court invalidated reasonable limits on medical malpractice non-economic damages, opened the door for manufacturers to be sued even where a plaintiff cannot prove that they (a company) made the product that caused them harm, and established a lower threshold for imposing punitive damages. Excessive litigation is costing businesses and individuals billions of dollars, and is affecting our international competitiveness. We need to control excessive litigation, limit costs, and restore fairness and predictability to our legal system.
WMC AGENDA
Limit Frivolous Lawsuits
Protect product manufacturers from lawsuits where damages arise from an open and obvious characteristic of a product, or result from product misuse, alteration, or modification.
Limit Joint and Several Liability
Limit the application of joint and several liability in product liability cases, so that a manufacturer is only responsible for their proportionate share of any damage award.
Establish Liability Time Limits
Limit a manufacturer’s liability for manufactured products that are at least
15 years old.
Limit Expert Testimony
Allow expert testimony only if it is based on sufficient facts or data, and is the product of reliable principles and methods which can be properly applied to the facts of the case.
Protect Product Sellers
Limit the liability of product sellers where they play no role in the manufacture, assembly or packaging of a product.
Limit the Risk Contribution Theory
Limit the application of the ‘risk contribution theory” to re-establish the principle that only the company that actually manufactured the product that caused the injury can be held to pay damages.
Limit Punitive Damages
Limit the circumstances in which punitive damages can be imposed to situations in which a defendant intentionally caused an injury to a plaintiff.
