Wisconsin
How Daly v. General Motors applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Other.
Wisconsin follows the principles of strict liability as established in Daly v. General Motors, focusing on the product's defectiveness and the manufacturer's negligence. This approach is reflected in Wisconsin's adoption of the Restatement (Second) of Torts § 402A, which sets forth the standards for liability concerning defective products.
Under Wisconsin law, a manufacturer can be held strictly liable for a defective product if it is proven that the product was unreasonably dangerous due to a defect that existed at the time it left the manufacturer’s control.
The court held that even a minor defect in a product could lead to a finding of strict liability if it rendered the product unreasonably dangerous.
This case clarified that manufacturers are responsible for ensuring the safety of their products, reinforcing principles from Daly v. General Motors.
The court ruled that the presence of design defects must be proven to support a claim of strict liability under Wisconsin law.
Wisconsin's approach to strict product liability closely aligns with the federal guidelines articulated in the Restatement (Second) of Torts. However, Wisconsin places stronger emphasis on the strict liability standard compared to some federal courts, which may apply a negligence standard depending on the context of the case.
Questions related to product liability, including those based on Daly v. General Motors and related Wisconsin statutes, are frequently tested on the Wisconsin bar exam, particularly under tort law.