AB 335

2011 Wisconsin Act 2

(Act 2) made a number of changes to the law governing

civil actions against manufacturers, distributors, sellers, and promoters of products.

Under Act 2, a manufacturer, distributor, seller, or promoter of a product who is a

defendant in a civil action generally may be held liable for damages only if an injured

party proves, in addition to causation, damages, and other elements of the claim, that

the specific product that caused the injury was manufactured, distributed, sold, or

promoted by the defendant.

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.