Remedies against manufacturers, distributors, sellers, and promoters of a product

Also under Act 2, in cases in which an injured party cannot prove that the defendant manufactured, distributed, sold or promoted the specific product that caused the injury, the defendant may be held liable under risk contribution theory if: 1) the injured party names as defendants in the action those manufacturers who, collectively, during the relevant production period, manufactured at least 80 percent of all products sold in this state that are chemically identical to the specific product that allegedly caused the claimant's injury, and 2) the injured party proves certain other elements related to the cause of the injury and the right of the injured party to a recovery.

These provisions of Act 2 were made applicable to actions or special proceedings commenced on or after the effective date of the Act.

2013 Wisconsin Act 20 (Act 20) provides that the provisions of Act 2 governing remedies against manufacturers, distributors, sellers, and promoters of a product apply to all actions in law or equity, whenever filed or accrued. Act 20 created a statement of legislative findings and intent that states, in part, that the portions of Act 2 governing remedies against manufacturers, distributors, sellers, and promoters of a product under risk contribution theory were enacted in response to the Wisconsin Supreme Court's decision in Thomas v. Mallett , 2005 WI 129.

This bill repeals the portions of Act 20 that apply Act 2 to all actions in law or equity, whenever filed or accrued, and repeals the statement of legislative findings.