Wisconsin
How Cheney v. Village 2 at New Hope, Inc. applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Torts (Products Liability).
Wisconsin law adopts a risk-utility analysis when determining product liability, placing emphasis on whether a product is unreasonably dangerous. The principles from Cheney regarding defective products and consumer expectations are reflected in Wisconsin's strict liability framework.
In Wisconsin, a plaintiff must prove that the product was defectively designed or manufactured, and that such defect rendered the product unreasonably dangerous for its intended use.
Established that a manufacturer can be held strictly liable for defects that make a product unreasonably dangerous.
Clarified that failure to warn can also contribute to liability if the lack of warning renders the product defectively dangerous.
Held that a product must meet ordinary consumer expectations, aligning with the consumer expectation test of defective products.
While both Wisconsin and federal law utilize similar tests for product liability, Wisconsin emphasizes the consumer expectations standard more prominently than the risk-utility analysis often referenced in federal contexts. This results in a greater focus on the experiences and expectations of the average consumer in Wisconsin's application of product liability law.
Bar exam candidates in Wisconsin should be familiar with product liability principles, including the strict liability doctrine adopted from 'Cheney' and state landmark cases that establish the framework for evaluating product defects.