2025 - 2026 LEGISLATURE
LRB-2600/1
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2025 ASSEMBLY BILL 203
April 23, 2025 - Introduced by Representatives KNODL, O'CONNOR, FRANKLIN,
SPIROS and DONOVAN, cosponsored by Senators WANGGAARD, FEYEN and
TOMCZYK. Referred to Committee on Judiciary.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 86.52 of the statutes; relating to: limiting liability relating to
traffic control devices for manufacturers and others.
Analysis by the Legislative Reference Bureau
This bill provides that the manufacturer, distributor, seller, installer, or owner
of a traffic control device is not liable for damages arising from the design,
manufacture, distribution, or installation of a traffic control device, if the device
complies with specifications established in the traffic control devices manual
adopted by the Department of Transportation and and operates as intended. Under
the bill, the manufacturer, distributor, seller, installer, and owner enjoy a
rebuttable presumption that the traffic control device complied with the traffic
control devices manual if the manufacturer, distributor, seller, installer, or owner
can demonstrate that the device was designed, manufactured, distributed, and
installed in accordance with the applicable standards and guidelines and that any
deviations from the specifications were expressly authorized in writing by DOT or
the appropriate local authorities.
Under the bill, the limitation of liability applies to any claim for personal
injury, property damage, or other loss arising out of the use of a traffic control
device, including claims of negligence, strict liability, and breach of warranty. The
limitation of liability does not apply if the claimant establishes that the traffic
control device to which the damages are attributable did not, at the time that the
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damages occurred, comply with the specifications established in the traffic control
devices manual or operate as intended.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 86.52 of the statutes is created to read:
86.52 Limiting liability for manufacturers of traffic control devices.
(1) DEFINITIONS. In this section:
(a) XTraffic control deviceY means any sign, signal, marking, channelizing
device, or other device that uses color, shape, symbols, words, sound, or tactile
information for the primary purpose of communicating a regulatory, warning, or
guidance message to users of a highway, bicycle way, as defined in s. 340.01 (5s),
sidewalk, as defined in s. 340.01 (58), or pedestrian way, as defined in s. 346.02 (8)
(a).
(b) XTraffic control devices manualY means the manual establishing a
uniform system of traffic control devices adopted by the department under s. 84.02
(4) (e) or the manual establishing a uniform system of signs, signals, markings and
devices for bicycle traffic adopted by the department under s. 84.02 (4) (f).
(2) LIMITATION OF LIABILITY. (a) A manufacturer, distributor, seller, installer,
or owner of a traffic control device is not liable for damages arising from the design,
manufacture, distribution, or installation of a traffic control device that complies
with the specifications for the device established in the traffic control devices
manual and operates as intended.
(b) The limitation of liability under par. (a) applies to any claim for personal
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SECTION 1
injury, property damage, or other loss arising out of the use of a traffic control
device, including claims of negligence, strict liability, and breach of warranty.
(c) The limitation of liability under par. (a) does not apply if the claimant
establishes by clear and convincing evidence that the traffic control device to which
the damages are attributable did not, at the time that the damages occurred,
comply with the specifications for the device established in the traffic control
devices manual or operate as intended.
(3) PRESUMPTION OF COMPLIANCE. In any action alleging liability against a
manufacturer, distributor, seller, installer, or owner of a traffic control device, there
is a rebuttable presumption that the traffic control device complied with the
specifications established in the traffic control devices manual if the manufacturer,
distributor, seller, installer, or owner can demonstrate all of the following:
(a) The traffic control device was designed, manufactured, distributed, and
installed in accordance with the applicable standards and guidelines established in
the traffic control devices manual.
(b) Any deviations from the specifications established in the traffic control
devices manual were expressly authorized in writing by the department or the
appropriate local authorities.
(END)
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