Wisconsin
How Enright v. Eli Lilly & Co. applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Torts.
Wisconsin law adopts a strict liability approach in torts, especially in cases involving defective products. The principles established in Enright can be applied to assess liability concerning pharmaceutical products and their potential harmful effects.
In Wisconsin, a manufacturer can be held strictly liable if the product is defectively designed or manufactured, leading to injury when the product is used as intended.
Held that the plaintiff must demonstrate that the product was unreasonably dangerous and the defect existed at the time of manufacture.
Clarified that evidence of the manufacturer's knowledge of the defect can support a claim of strict liability.
Established that a plaintiff can recover damages even if they misused the product if the product was inherently dangerous.
Wisconsin's strict liability standard closely mirrors the Restatement (Second) of Torts, differing from the federal approach, which may require proving negligence in cases of manufacturing defects. This results in a broader scope of liability for manufacturers in Wisconsin.
Understanding the principles of strict liability from Enright is vital for the Wisconsin bar exam, especially in questions related to torts and product liability.