Wisconsin Passes Tort Reform Legislation
Wisconsin Gov. Scott Walker issued the following statement on the Assembly’s passage of lawsuit reform legislation, which had passed the Senate.
“Improving our state’s legal climate is important to creating an environment that allows the private sector to create jobs. The lawsuit reform package passed by the legislature will bring much needed reforms to our legal system, so we are no longer known as the ‘Alabama of the North’.”
Assembly Speaker Jeff Fitzgerald said the legislation is designed to curtail the gains plaintiff’s attorneys have made in past legislative sessions. “This is about changing the culture of Wisconsin. It’s about getting people back to work.”
The lawsuit reform legislation would:
- Adopt various changes to product liability law to bring Wisconsin in line with other states and assist Wisconsin manufacturers and small businesses.
- Require expert witnesses to base their opinions on sound science and well-established theories.
- Eliminate of the “risk contribution” theory in manufacturing lawsuits. The Wisconsin Supreme Court created the standard allowing plaintiffs to sue any lead paint manufacturer that sold paint in the state without proving which product caused the harm.
- Cap on punitive damage awards. [Twice economic damages or $200,000, whichever is larger.]
An amendment to the tort reform bill that would have allowed an exemption for farm equipment from lawsuit protection that is over 15 years old, failed to be adopted on a party-line vote. ◆