Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB209 Compare Versions

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

Old	New	Differences
1	1	2025 - 2026 LEGISLATURE
2	2	LRB-2085/1
3	3	ZDW:cdc
4	4	2025 SENATE BILL 209
5	5	April 16, 2025 - Introduced by Senators WANGGAARD, FEYEN and TOMCZYK,
6	6	cosponsored by Representatives KNODL, O'CONNOR, FRANKLIN, SPIROS and
7	7	DONOVAN. Referred to Committee on Judiciary and Public Safety.
8	8	AN ACT to create 86.52 of the statutes; relating to: limiting liability relating to
9	9	traffic control devices for manufacturers and others.
10	10	Analysis by the Legislative Reference Bureau
11	11	This bill provides that the manufacturer, distributor, seller, installer, or owner
12	12	of a traffic control device is not liable for damages arising from the design,
13	13	manufacture, distribution, or installation of a traffic control device, if the device
14	14	complies with specifications established in the traffic control devices manual
15	15	adopted by the Department of Transportation and and operates as intended. Under
16	16	the bill, the manufacturer, distributor, seller, installer, and owner enjoy a
17	17	rebuttable presumption that the traffic control device complied with the traffic
18	18	control devices manual if the manufacturer, distributor, seller, installer, or owner
19	19	can demonstrate that the device was designed, manufactured, distributed, and
20	20	installed in accordance with the applicable standards and guidelines and that any
21	21	deviations from the specifications were expressly authorized in writing by DOT or
22	22	the appropriate local authorities.
23	23	Under the bill, the limitation of liability applies to any claim for personal
24	24	injury, property damage, or other loss arising out of the use of a traffic control
25	25	device, including claims of negligence, strict liability, and breach of warranty. The
26	26	limitation of liability does not apply if the claimant establishes that the traffic
27	27	control device to which the damages are attributable did not, at the time that the
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29	29	2 2025 - 2026 Legislature
30	30	SENATE BILL 209
31	31	- 2 - LRB-2085/1
32	32	ZDW:cdc
33	33	SECTION 1
34	34	damages occurred, comply with the specifications established in the traffic control
35	35	devices manual or operate as intended.
36	36	The people of the state of Wisconsin, represented in senate and assembly, do
37	37	enact as follows:
38	38	SECTION 1. 86.52 of the statutes is created to read:
39	39	86.52 Limiting liability for manufacturers of traffic control devices.
40	40	(1) DEFINITIONS. In this section:
41	41	(a) XTraffic control deviceY means any sign, signal, marking, channelizing
42	42	device, or other device that uses color, shape, symbols, words, sound, or tactile
43	43	information for the primary purpose of communicating a regulatory, warning, or
44	44	guidance message to users of a highway, bicycle way, as defined in s. 340.01 (5s),
45	45	sidewalk, as defined in s. 340.01 (58), or pedestrian way, as defined in s. 346.02 (8)
46	46	(a).
47	47	(b) XTraffic control devices manualY means the manual establishing a
48	48	uniform system of traffic control devices adopted by the department under s. 84.02
49	49	(4) (e) or the manual establishing a uniform system of signs, signals, markings and
50	50	devices for bicycle traffic adopted by the department under s. 84.02 (4) (f).
51	51	(2) LIMITATION OF LIABILITY. (a) A manufacturer, distributor, seller, installer,
52	52	or owner of a traffic control device is not liable for damages arising from the design,
53	53	manufacture, distribution, or installation of a traffic control device that complies
54	54	with the specifications for the device established in the traffic control devices
55	55	manual and operates as intended.
56	56	(b) The limitation of liability under par. (a) applies to any claim for personal
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75	75	19 2025 - 2026 Legislature
76	76	SENATE BILL 209
77	77	- 3 - LRB-2085/1
78	78	ZDW:cdc
79	79	SECTION 1
80	80	injury, property damage, or other loss arising out of the use of a traffic control
81	81	device, including claims of negligence, strict liability, and breach of warranty.
82	82	(c) The limitation of liability under par. (a) does not apply if the claimant
83	83	establishes by clear and convincing evidence that the traffic control device to which
84	84	the damages are attributable did not, at the time that the damages occurred,
85	85	comply with the specifications for the device established in the traffic control
86	86	devices manual or operate as intended.
87	87	(3) PRESUMPTION OF COMPLIANCE. In any action alleging liability against a
88	88	manufacturer, distributor, seller, installer, or owner of a traffic control device, there
89	89	is a rebuttable presumption that the traffic control device complied with the
90	90	specifications established in the traffic control devices manual if the manufacturer,
91	91	distributor, seller, installer, or owner can demonstrate all of the following:
92	92	(a) The traffic control device was designed, manufactured, distributed, and
93	93	installed in accordance with the applicable standards and guidelines established in
94	94	the traffic control devices manual.
95	95	(b) Any deviations from the specifications established in the traffic control
96	96	devices manual were expressly authorized in writing by the department or the
97	97	appropriate local authorities.
98	98	(END)
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