Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB203 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025 - 2026 LEGISLATURE
2	2	LRB-2600/1
3	3	ZDW:cdc
4	4	2025 ASSEMBLY BILL 203
5	5	April 23, 2025 - Introduced by Representatives KNODL, O'CONNOR, FRANKLIN,
6	6	SPIROS and DONOVAN, cosponsored by Senators WANGGAARD, FEYEN and
7	7	TOMCZYK. Referred to Committee on Judiciary.
8	8
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 86.52 of the statutes; relating to: limiting liability relating to
11	11	traffic control devices for manufacturers and others.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill provides that the manufacturer, distributor, seller, installer, or owner
14	14	of a traffic control device is not liable for damages arising from the design,
15	15	manufacture, distribution, or installation of a traffic control device, if the device
16	16	complies with specifications established in the traffic control devices manual
17	17	adopted by the Department of Transportation and and operates as intended. Under
18	18	the bill, the manufacturer, distributor, seller, installer, and owner enjoy a
19	19	rebuttable presumption that the traffic control device complied with the traffic
20	20	control devices manual if the manufacturer, distributor, seller, installer, or owner
21	21	can demonstrate that the device was designed, manufactured, distributed, and
22	22	installed in accordance with the applicable standards and guidelines and that any
23	23	deviations from the specifications were expressly authorized in writing by DOT or
24	24	the appropriate local authorities.
25	25	Under the bill, the limitation of liability applies to any claim for personal
26	26	injury, property damage, or other loss arising out of the use of a traffic control
27	27	device, including claims of negligence, strict liability, and breach of warranty. The
28	28	limitation of liability does not apply if the claimant establishes that the traffic
29	29	control device to which the damages are attributable did not, at the time that the
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31	31	2 2025 - 2026 Legislature
32	32	ASSEMBLY BILL 203
33	33	- 2 - LRB-2600/1
34	34	ZDW:cdc
35	35	SECTION 1
36	36	damages occurred, comply with the specifications established in the traffic control
37	37	devices manual or operate as intended.
38	38	The people of the state of Wisconsin, represented in senate and assembly, do
39	39	enact as follows:
40	40	SECTION 1. 86.52 of the statutes is created to read:
41	41	86.52 Limiting liability for manufacturers of traffic control devices.
42	42	(1) DEFINITIONS. In this section:
43	43	(a) XTraffic control deviceY means any sign, signal, marking, channelizing
44	44	device, or other device that uses color, shape, symbols, words, sound, or tactile
45	45	information for the primary purpose of communicating a regulatory, warning, or
46	46	guidance message to users of a highway, bicycle way, as defined in s. 340.01 (5s),
47	47	sidewalk, as defined in s. 340.01 (58), or pedestrian way, as defined in s. 346.02 (8)
48	48	(a).
49	49	(b) XTraffic control devices manualY means the manual establishing a
50	50	uniform system of traffic control devices adopted by the department under s. 84.02
51	51	(4) (e) or the manual establishing a uniform system of signs, signals, markings and
52	52	devices for bicycle traffic adopted by the department under s. 84.02 (4) (f).
53	53	(2) LIMITATION OF LIABILITY. (a) A manufacturer, distributor, seller, installer,
54	54	or owner of a traffic control device is not liable for damages arising from the design,
55	55	manufacture, distribution, or installation of a traffic control device that complies
56	56	with the specifications for the device established in the traffic control devices
57	57	manual and operates as intended.
58	58	(b) The limitation of liability under par. (a) applies to any claim for personal
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77	77	19 2025 - 2026 Legislature
78	78	ASSEMBLY BILL 203
79	79	- 3 - LRB-2600/1
80	80	ZDW:cdc
81	81	SECTION 1
82	82	injury, property damage, or other loss arising out of the use of a traffic control
83	83	device, including claims of negligence, strict liability, and breach of warranty.
84	84	(c) The limitation of liability under par. (a) does not apply if the claimant
85	85	establishes by clear and convincing evidence that the traffic control device to which
86	86	the damages are attributable did not, at the time that the damages occurred,
87	87	comply with the specifications for the device established in the traffic control
88	88	devices manual or operate as intended.
89	89	(3) PRESUMPTION OF COMPLIANCE. In any action alleging liability against a
90	90	manufacturer, distributor, seller, installer, or owner of a traffic control device, there
91	91	is a rebuttable presumption that the traffic control device complied with the
92	92	specifications established in the traffic control devices manual if the manufacturer,
93	93	distributor, seller, installer, or owner can demonstrate all of the following:
94	94	(a) The traffic control device was designed, manufactured, distributed, and
95	95	installed in accordance with the applicable standards and guidelines established in
96	96	the traffic control devices manual.
97	97	(b) Any deviations from the specifications established in the traffic control
98	98	devices manual were expressly authorized in writing by the department or the
99	99	appropriate local authorities.
100	100	(END)
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