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Wisconsin law

Product Liability Laws in Wisconsin.

Wisconsin recognizes strict products-liability claims under the framework of Restatement (Second) of Torts § 402A. In 2011, the Wisconsin Legislature enacted Wis. Stat. § 895.047 — imposing a risk-utility test for design-defect claims, narrowing the class of potential defendants, and adopting federal-preemption-like principles. The statute of limitations is 3 years (Wis. Stat. § 893.54); UCC warranty claims, 6 years (Wis. Stat. § 402.725). Wisconsin applies modified comparative fault (51% bar).

Last verified: 2026-04-20

State law

Statute of Limitations

3 years (tort) / 6 years (UCC warranty)Wis. Stat. §§ 893.54; 402.725

Tort-based products-liability claims: 3-year limitation. UCC breach-of-warranty claims: 6-year limitation under Wisconsin's varying UCC provision.

State law

Fault & Liability Rules

Modified Comparative Fault (51% Bar)Wis. Stat. § 895.045

Modified comparative fault applies to products-liability claims.

State law

Key Wisconsin Statutes

Wisconsin Products LiabilityWis. Stat. § 895.047

Wisconsin's 2011 products-liability statute. Imposes a risk-utility test for design-defect claims and imposes additional requirements on the class of potential defendants.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Wisconsin.

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