SB 1 - Tort Law Amendments - Wisconsin Key Vote

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Title: Tort Law Amendments

Vote Smart's Synopsis:

Vote to pass a bill that amends existing statutes relating to tort law.

Highlights:

-Specifies that the current limit to noneconomic damages of $750,000 for medical malpractice will also be applied to awards made due to negligence of a long-term care provider (Sec. 23). -Requires that a plaintiff seeking punitive damages prove that the defendant either intentionally caused injury or that he or she knew the action was "practically certain to result in injury" (Secs. 24-26). -Specifies that being voluntarily intoxicated or drugged is not a defense to liability for punitive damages (Sec. 27). -Authorizes certain costs and fees to be charged to a party or a party's attorney that conducts an action in bad faith, solely to harass or maliciously injure another, or conducts an action without any reasonable basis in law (Sec. 28). -Prohibits any party from recovering damages for injuries caused by a defective product if the party's share of responsibility for the injury is greater than the share resulting from the defective condition of the product (Sec. 29). -Requires that someone claiming damages for harm caused by a product prove that the defendant manufactured, distributed, sold, or promoted the specific product alleged to have caused the claimant's injury or harm (Sec. 30). -Prohibits the testimony of an expert witness from being admitted if he or she is entitled to receive compensation that is contingent on the outcome of the case (Sec. 37).

See How Your Politicians Voted

Title: Tort Law Amendments

Vote Smart's Synopsis:

Vote to pass a bill that amends existing statutes relating to tort law.

Highlights:

-Specifies that the current limit to noneconomic damages of $750,000 for medical malpractice will also be applied to awards made due to negligence of a long-term care provider (Sec. 23). -Requires that a plaintiff seeking punitive damages prove that the defendant either intentionally caused injury or that he or she knew the action was "practically certain to result in injury" (Secs. 24-26). -Specifies that being voluntarily intoxicated or drugged is not a defense to liability for punitive damages (Sec. 27). -Authorizes certain costs and fees to be charged to a party or a party's attorney that conducts an action in bad faith, solely to harass or maliciously injure another, or conducts an action without any reasonable basis in law (Sec. 28). -Prohibits any party from recovering damages for injuries caused by a defective product if the party's share of responsibility for the injury is greater than the share resulting from the defective condition of the product (Sec. 29). -Requires that someone claiming damages for harm caused by a product prove that the defendant manufactured, distributed, sold, or promoted the specific product alleged to have caused the claimant's injury or harm (Sec. 30). -Prohibits the testimony of an expert witness from being admitted if he or she is entitled to receive compensation that is contingent on the outcome of the case (Sec. 37).

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