8 Wisconsin opinions name it 2 courts 1989–2026 3 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.
| Case | Followed | Cited |
|---|---|---|
Sumnicht v. Toyota Motor Sales, U.S.A., Inc.green2 sentences2022Sumnicht v. Toyota Motor Sales, U.S.A., Inc., 121 Wis. 2d 338, 372 , 360 N.W.2d 2 (1984) (citing Collins v. Ridge Tool Co., 520 F.2d 591, 594 (7th Cir. 1975)). 26 No. 2020AP1124 C. 2021See Sumnicht, 121 Wis. 2d at 373 (quoted source omitted). ¶63 CMC also argues that, even if a jury could reasonably credit either or both the tooth-configuration and clamping-force opinions about alleged safety advantages of the jaw-style tongs, Murphy still lacks evidence that the Dixie tongs are “not reasonably safe.” On this topic, CMC cites a federal district court opinion applying the risk-utility balancing test to grant a defendant summary judgment on a strict product liability claim based on an alleged design defect because the plaintiff produced no evidence that the challenged product | 1 | 2 |
Dippel v. Scianogreen2 sentences2022Lastly, subsec. (6) does not preclude plaintiffs from bringing a common law negligent design claim when the plaintiff also alleges a strict liability cause of action against a manufacturer. ¶41 Although we decline to adopt any of Restatement (Third) of Torts § 2 comments today, including comment f upon which the court of appeals extensively relied, the common law While 23 Dippel, 37 Wis. 2d 443 , establishes five requirements for a product liability claim under § 402A, and Wis. Stat. § 895.047 (1) also enumerates five requirements, the statute tracks the following changes: First, § 895.047(1) 1989Dippel v. Sciano, 37 Wis. 2d 443, 460 , 155 N.W.2d 55, 63 (1967). | 1 | 2 |
Fuchsgruber v. Custom Accessories, Inc.green2 sentences2012In Fuchsgruber , after being injured by a product, the plaintiff filed a strict product liability claim against the product's distributor. 244 Wis. 2d 758, ¶¶ 4-5 . 2003Green, 245 Wis. 2d 772, ¶ 59 ; see also Fuchsgruber v. Custom Accessories, Inc., 2001 WI 81, ¶ 24 , 244 Wis. 2d 758 , 628 N.W.2d 833 (explaining that the act to which the seller's responsibility attaches in a strict product liability case is not negligence but rather placing a defective product in the stream of commerce; therefore, when contributory negligence is an issue, the comparison is between the extent to which the plaintiffs injuries are attributable to his or her negligence and the extent to which they are attributable to the product's defective condition). | 1 | 2 |
Bernard J. Collins and Marian Collins v. The Ridge Tool Companygreen1 sentence2022Sumnicht v. Toyota Motor Sales, U.S.A., Inc., 121 Wis. 2d 338, 372 , 360 N.W.2d 2 (1984) (citing Collins v. Ridge Tool Co., 520 F.2d 591, 594 (7th Cir. 1975)). 26 No. 2020AP1124 C. | 1 | 1 |
Varner v. MHS, Ltd.green1 sentence2021See Varner v. MHS, Ltd., 2 F. Supp. 3d 584, 594-95 (M.D. | 1 | 1 |
North Gate Corp. v. National Food Stores, Inc.green2 sentences1998See North Gate Corp. v. National Food Stores, Inc., 30 Wis. 2d 317, 321 , 140 N.W.2d 744 (1966). 1998See North Gate Corp. v. National Food Stores, Inc., 30 Wis. 2d 317, 321 , 140 N.W.2d 744 (1966). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Matthew W. Murphy v. Columbus McKinnon Corporation
green
2 sentences2026Murphy I, 399 Wis. 2d 18 ; Murphy II, 405 Wis. 2d 157 . 2026Id. | 1 | 2026–2026 |
Matthew W. Murphy v. Columbus McKinnon Corporation
green
1 sentence2026Murphy I, 399 Wis. 2d 18 ; Murphy II, 405 Wis. 2d 157 . | 1 | 2026–2026 |
Morden v. Continental AG
green
1 sentence2026Morden, 235 Wis. 2d 325, ¶54 . “[A] showing by a plaintiff that better methods of manufacture exist does not conclusively prove that a defendant created the product with a lack of ordinary care”; instead, “negligence usually attaches only when the plaintiff can prove that the defendant selected the more dangerous route of manufacture knowing that it was unsafe.” Id., ¶55.9 ¶22 A negligent design claim’s focus on what the defendant knew or should have known sets it apart from a strict product liability claim. | 1 | 2026–2026 |
Green v. Smith & Nephew AHP, Inc.
green
1 sentence2003Green, 245 Wis. 2d 772, ¶ 59 ; see also Fuchsgruber v. Custom Accessories, Inc., 2001 WI 81, ¶ 24 , 244 Wis. 2d 758 , 628 N.W.2d 833 (explaining that the act to which the seller's responsibility attaches in a strict product liability case is not negligence but rather placing a defective product in the stream of commerce; therefore, when contributory negligence is an issue, the comparison is between the extent to which the plaintiffs injuries are attributable to his or her negligence and the extent to which they are attributable to the product's defective condition). | 1 | 2003–2003 |
Tanner v. Shoupe
green
1 sentence2003Tanner, 228 Wis. 2d at 365 n.3, see also Krueger, 104 Wis. 2d at 207 n.3. | 1 | 2003–2003 |
Krueger Ex Rel. Lee v. Tappan Co.
green
1 sentence2003Tanner, 228 Wis. 2d at 365 n.3, see also Krueger, 104 Wis. 2d at 207 n.3. | 1 | 2003–2003 |
Greiten v. La Dow
green
2 sentences1999Regarding recovery for negligence when the jury rejects a strict product liability claim, Case Corporation asks us to overrule Greiten v. LaDow, 70 Wis. 2d 589 , 235 N.W.2d 677 (1975). 1999Regarding recovery for negligence when the jury rejects a strict product liability claim, Case Corporation asks us to overrule Greiten v. LaDow, 70 Wis. 2d 589 , 235 N.W.2d 677 (1975). | 1 | 1999–1999 |
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.
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.