adequacy warning (Wisconsin) · Go Syfert
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adequacy warning in Wisconsin

15 Wisconsin opinions name it 2 courts 1972–2026 4 in the last five years

The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
State v. Harveygreen
wis · 2002 · cited in 2 Wisconsin opinions naming this issue, 2025–2025
2 sentences

2025See Harvey, 2002 WI 93, ¶49 . 2 Because we resolve this issue based on harmless error, we do not address the parties’ dispute over the adequacy of the defense offer of proof. 5 No. 2023AP2387-CR By the Court.—Judgment affirmed.

2025See Harvey, 2002 WI 93, ¶49 . 2 Because we resolve this issue based on harmless error, we do not address the parties’ dispute over the adequacy of the defense offer of proof. 5 No. 2023AP2387-CR By the Court.—Judgment affirmed.

22
Schuh v. Fox River Tractor Co.green
wis · 1974 · cited in 2 Wisconsin opinions naming this issue, 1993–2023
2 sentences

2023As American Family points out, the adequacy of a warning is typically a matter for the jury to decide, Schuh v. Fox River Tractor Co., 63 8 No. 2022AP408 Wis. 2d 728, 739, 218 N.W.2d 279 (1974), and in certain cases, it may be necessary to introduce expert testimony to establish a warning’s inadequacy.

1993See Schuh v. Fox River Tractor Co., 63 Wis. 2d 728, 739 , 218 N.W.2d 279, 284-285 (1974) (" 'Implicit in the duty to warn is the duty to warn with a degree of intensity that would cause a reasonable man to exercise for his own safety the caution commensurate with the potential danger.'") (citation omitted).

12
County of Ozaukee v. Quellegreen
wisctapp · 1995 · cited in 2 Wisconsin opinions naming this issue, 1997–2006
2 sentences

2006Id. at 280 .

1997See Quelle, 198 Wis. 2d at 280 , 542 N.W.2d at 200 .

12
Hennig v. Ahearngreen
wisctapp · 1999 · cited in 1 Wisconsin opinions naming this issue, 2026–2026
2 sentences

2026The Hennig court then gave the example that “an automobile mechanic should be permitted to testify regarding the adequacy of warnings on automobile batteries” even though “the mechanic had not been involved in designing or writing warnings for automobile batteries” because “he had ‘disassembled thousands of batteries’ and understood ‘the chemical and electrical processes’ and ‘what causes batteries to explode.’” Id. (quoting Tanner v. Shoupe, 228 Wis. 2d 357, 814 , 596 N.W.2d 805 (Ct. App. 1999)). 16 No. 2024AP1105-CR ¶38 We are not persuaded that the circuit court erroneously exercised its di

2026See Hennig, 230 Wis. 2d at 181 .

11
cluster 429232green
ca7 · 1983 · cited in 1 Wisconsin opinions naming this issue, 2004–2004
2 sentences

2004Gracyalny, 723 F.2d at 1318.

2004Compare id. at 1321, with Alvarado v. Sersch, 2003 WI 55, 29 , 262 Wis. 2d 74 , 662 N.W.2d 350 (summary judgment in negligence is proper where no reasonable jury, properly instructed, could find defendant was negligent).

11
Alvarado v. Serschgreen
wis · 2003 · cited in 1 Wisconsin opinions naming this issue, 2004–2004
2 sentences

2004Compare id. at 1321, with Alvarado v. Sersch, 2003 WI 55, 29 , 262 Wis. 2d 74 , 662 N.W.2d 350 (summary judgment in negligence is proper where no reasonable jury, properly instructed, could find defendant was negligent).

2004Compare id. at 1321, with Alvarado v. Sersch, 2003 WI 55, 29 , 262 Wis. 2d 74 , 662 N.W.2d 350 (summary judgment in negligence is proper where no reasonable jury, properly instructed, could find defendant was negligent).

11
State v. Thompsongreen
wisctapp · 1998 · cited in 1 Wisconsin opinions naming this issue, 1999–1999
2 sentences

1999See State v. Thompson, 222 Wis. 2d 179, 189 , 585 N.W.2d 905, 910 (Ct. App. 1998).

1999See State v. Thompson, 222 Wis. 2d 179, 189 , 585 N.W.2d 905, 910 (Ct. App. 1998).

11
Gutter v. Seamandelgreen
wis · 1981 · cited in 1 Wisconsin opinions naming this issue, 1996–1996
2 sentences

1996See Gutter v. Seamandel, 103 Wis. 2d 1, 8-9 , 308 N.W.2d 403, 407 (1981); Novak *268 v. City of Delavan, 31 Wis. 2d 200, 210-11 , 143 N.W.2d 6, 12 (1966).

1996See Gutter v. Seamandel, 103 Wis. 2d 1, 8-9 , 308 N.W.2d 403, 407 (1981); Novak *268 v. City of Delavan, 31 Wis. 2d 200, 210-11 , 143 N.W.2d 6, 12 (1966).

11
Novak v. City of Delavangreen
wis · 1966 · cited in 1 Wisconsin opinions naming this issue, 1996–1996
2 sentences

1996See Gutter v. Seamandel, 103 Wis. 2d 1, 8-9 , 308 N.W.2d 403, 407 (1981); Novak *268 v. City of Delavan, 31 Wis. 2d 200, 210-11 , 143 N.W.2d 6, 12 (1966).

1996See Gutter v. Seamandel, 103 Wis. 2d 1, 8-9 , 308 N.W.2d 403, 407 (1981); Novak *268 v. City of Delavan, 31 Wis. 2d 200, 210-11 , 143 N.W.2d 6, 12 (1966).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Tanner v. Shoupe green
wisctapp · 1999
2 sentences

2026The Hennig court then gave the example that “an automobile mechanic should be permitted to testify regarding the adequacy of warnings on automobile batteries” even though “the mechanic had not been involved in designing or writing warnings for automobile batteries” because “he had ‘disassembled thousands of batteries’ and understood ‘the chemical and electrical processes’ and ‘what causes batteries to explode.’” Id. (quoting Tanner v. Shoupe, 228 Wis. 2d 357, 814 , 596 N.W.2d 805 (Ct. App. 1999)). 16 No. 2024AP1105-CR ¶38 We are not persuaded that the circuit court erroneously exercised its di

2026The Hennig court then gave the example that “an automobile mechanic should be permitted to testify regarding the adequacy of warnings on automobile batteries” even though “the mechanic had not been involved in designing or writing warnings for automobile batteries” because “he had ‘disassembled thousands of batteries’ and understood ‘the chemical and electrical processes’ and ‘what causes batteries to explode.’” Id. (quoting Tanner v. Shoupe, 228 Wis. 2d 357, 814 , 596 N.W.2d 805 (Ct. App. 1999)). 16 No. 2024AP1105-CR ¶38 We are not persuaded that the circuit court erroneously exercised its di

21999–2026
Washburn County v. Smith green
wis · 2008
1 sentence

2020Smith, 308 Wis. 2d 65, ¶56 .

12020–2020
Grace L. Cummins v. Lyle Industries green
ca7 · 1996
1 sentence

1999Fuller Co., 981 F.2d 656 (2nd Cir. 1992) (holding witness was not qualified to opine on the adequacy of the warnings of a specialized glue because he lacked expertise in either the product — was not a chemical engineer, toxicologist or an environmental engineer — or the design of warning labels); Silva v. American Airlines, Inc., 960 F. Supp. 528 (D.P.R. 1997) (holding flight attendant could testify as to observation that many people hit their heads on the overhead compartment, but could not give an expert opinion as to the need for a warning because the witness had no specialized knowledge th

11999–1999
Geraldine McCULLOCK, Plaintiff-Appellant, v. H.B. FULLER COMPANY, Defendant-Appellee green
ca2 · 1992
1 sentence

1999Fuller Co., 981 F.2d 656 (2nd Cir. 1992) (holding witness was not qualified to opine on the adequacy of the warnings of a specialized glue because he lacked expertise in either the product — was not a chemical engineer, toxicologist or an environmental engineer — or the design of warning labels); Silva v. American Airlines, Inc., 960 F. Supp. 528 (D.P.R. 1997) (holding flight attendant could testify as to observation that many people hit their heads on the overhead compartment, but could not give an expert opinion as to the need for a warning because the witness had no specialized knowledge th

11999–1999
Silva v. American Airlines, Inc. green
prd · 1997
1 sentence

1999Fuller Co., 981 F.2d 656 (2nd Cir. 1992) (holding witness was not qualified to opine on the adequacy of the warnings of a specialized glue because he lacked expertise in either the product — was not a chemical engineer, toxicologist or an environmental engineer — or the design of warning labels); Silva v. American Airlines, Inc., 960 F. Supp. 528 (D.P.R. 1997) (holding flight attendant could testify as to observation that many people hit their heads on the overhead compartment, but could not give an expert opinion as to the need for a warning because the witness had no specialized knowledge th

11999–1999
Wheat v. United States green
scotus · 1988
1 sentence

1991Id. at 161 . 3 In Wheat , unlike in this case, all parties to the alleged potential conflict made a fully informed waiver of their right to conflict-free representation.

11991–1991
Quinn v. State green
wis · 1971
2 sentences

1972In Quinn v. State (1971), 50 Wis. 2d 101 , 183 N. W. 2d 64 , this court concluded that to warn a defendant that a statement given in the course of custodial interrogation could be used “for or against” him was not sufficient to vitiate the warning.

1972In Quinn v. State (1971), 50 Wis. 2d 101 , 183 N. W. 2d 64 , this court concluded that to warn a defendant that a statement given in the course of custodial interrogation could be used “for or against” him was not sufficient to vitiate the warning.

11972–1972

Statutes the citing opinions construe

WI § Wis. Stat. § 808.10 (5) WI § Wis. Stat. § 343.305 (3) WI § Wis. Stat. § 802.08 (3) WI § Wis. Stat. § 907.02 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 172 (1935–2026) NY 130 (1953–2026) CA 78 (1954–2026) IL 57 (1970–2026) WA 48 (1968–2026) PA 46 (1971–2023) IN 43 (1979–2024) FL 43 (1972–2026) NJ 31 (1955–2025) LA 31 (1954–2024) MI 27 (1963–2022) MA 25 (1974–2025) OH 24 (1974–2026) MN 22 (1984–2024) OR 21 (1943–2024) NV 21 (1983–2022) MS 20 (1969–2017) CO 16 (1976–2021) WI 15 (1972–2026) MO 15 (1958–2019) CT 14 (1950–2016) AZ 14 (1947–2024) AL 13 (1983–2013) KS 13 (1984–2026) NM 13 (1975–2015) AR 12 (1992–2022) TN 11 (1985–2022) DC 11 (1968–2025) UT 11 (1989–2024) GA 10 (1982–2025) IA 10 (1986–2014) DE 9 (1985–2023) KY 9 (1968–2024) RI 9 (2000–2026) MD 8 (1968–2012) OK 7 (1975–2010) ID 6 (1979–2013) AK 6 (1973–2018) VA 5 (1985–2026) VT 5 (1990–2026) ND 5 (1909–1997) NC 4 (1975–2012) WY 4 (1992–2019) WV 4 (1979–2018) SC 4 (1973–2008) ME 3 (1981–2013) HI 3 (1999–2007) MT 3 (2000–2010) VI 2 (2002–2005)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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