This amendment modifies the provisions of the bill that relate to the risk contribution theory if a plaintiff cannot prove that a specific product caused his or her injuries.

The amendment adds to the definition of “claimant” a person on whose behalf a claim of damages or other relief for injury or harm to a person or property caused by or arising from a product or other relief is asserted.  Under the amendment, the new provisions apply to all actions in law or equity.

The amendment modifies the criteria that must be met in order for a plaintiff to hold a manufacturer, distributor, seller, or promoter liable if the plaintiff cannot prove that the manufacturer, distributor, seller, or promoter manufactured, distributed, sold, or promoted the specific product.  Under the amendment, these criteria are as follows (with the changes made by the amendment indicated in bold):

1.      The claimant proves all of the following:

a.      That no other lawful process exists for the claimant to seek any redress from any other person for the injury or harm.

b.         That the claimant has suffered an injury or harm that can be caused only by a product chemically identical to the specific product that allegedly caused the claimant’s injury or harm.

c.      That the manufacturer, distributor, seller, or promoter of a product manufactured, distributed, sold, or promoted a complete integrated product, in the form used by the claimant or to which the claimant was exposed, and that meets all of the following criteria:  (i) is chemically and physically identical to the specific product that allegedly caused the claimant’s injury or harm; (ii) was manufactured, distributed, sold, or promoted in the geographic market where the injury or harm is alleged to have occurred during the time period in which the specific product that allegedly caused the claimant’s injury or harm was manufactured, distributed, sold, or promoted; and (iii) was distributed or sold without labeling or any distinctive characteristic that identified the manufacturer, distributor, seller, or promoter.

2.      The action names, as defendants, those manufacturers of a product who collectively manufactured at least 80% of all products sold in Wisconsin during the relevant production period by all manufacturers of the product in existence during the relevant production period that are chemically identical to the specific product that allegedly caused the claimant’s injury or harm.

The amendment also deletes the language relating to the effective date so that it takes effect the day after publication.