Products Liability: Minnesota vs. Wisconsin

Minnesota follows a strict products liability framework that incorporates the principles of strict liability, negligence, and breach of warranty. Under Minnesota Statutes § 604.10, manufacturers can be held strictly liable if a product is defectively designed or manufactured and unreasonably dangerous to the user or consumer. The courts prioritize consumer safety and have expanded the definition of 'defect' to include design defects, manufacturing defects, and marketing defects like failure to warn. Plaintiffs need only prove that the defect existed when it left the manufacturer’s hands, thereby shifting the burden of proof in favor of the consumer.

Wisconsin also adopts a strict liability approach, as articulated in the Wisconsin Statutes § 895.045. Under Wisconsin law, to succeed on a products liability claim, a plaintiff must establish that the product was defective and that the defect caused their injuries. Unlike Minnesota, Wisconsin distinguishes between various types of defects but similarly emphasizes consumer safety. Additionally, recent trends indicate Wisconsin courts allow for the consideration of the 'open and obvious' doctrine, where consumers are expected to recognize inherent risks associated with the product, potentially limiting liability for manufacturers in certain cases.