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AB203: Bill Text
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2025 - 2026 LEGISLATURE
LRB-2600/1
ZDW:cdc
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.
AB203,1,2
1
An Act
to create
86.52 of the statutes;
relating to:
limiting liability relating to
2
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 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:
AB203,1
1
Section
1
.
86.52 of the statutes is created to read:
AB203,2,3
2
86.52
Limiting liability for manufacturers of traffic control devices.
3
(1)
Definitions.
In this section:
AB203,2,9
4
(a) “Traffic control device” means any sign, signal, marking, channelizing
5
device, or other device that uses color, shape, symbols, words, sound, or tactile
6
information for the primary purpose of communicating a regulatory, warning, or
7
guidance message to users of a highway, bicycle way, as defined in s. 340.01 (5s),
8
sidewalk, as defined in s. 340.01 (58), or pedestrian way, as defined in s. 346.02 (8)
9
(a).
AB203,2,13
10
(b) “Traffic control devices manual” means the manual establishing a uniform
11
system of traffic control devices adopted by the department under s. 84.02 (4) (e) or
12
the manual establishing a uniform system of signs, signals, markings and devices
13
for bicycle traffic adopted by the department under s. 84.02 (4) (f).
AB203,2,18
14
(2)
Limitation of liability.
(a) A manufacturer, distributor, seller, installer,
15
or owner of a traffic control device is not liable for damages arising from the design,
16
manufacture, distribution, or installation of a traffic control device that complies
17
with the specifications for the device established in the traffic control devices
18
manual and operates as intended.
AB203,3,2
19
(b) The limitation of liability under par. (a) applies to any claim for personal
1
injury, property damage, or other loss arising out of the use of a traffic control
2
device, including claims of negligence, strict liability, and breach of warranty.
AB203,3,7
3
(c) The limitation of liability under par. (a) does not apply if the claimant
4
establishes by clear and convincing evidence that the traffic control device to which
5
the damages are attributable did not, at the time that the damages occurred,
6
comply with the specifications for the device established in the traffic control
7
devices manual or operate as intended.
AB203,3,12
8
(3)
Presumption of compliance.
In any action alleging liability against a
9
manufacturer, distributor, seller, installer, or owner of a traffic control device, there
10
is a rebuttable presumption that the traffic control device complied with the
11
specifications established in the traffic control devices manual if the manufacturer,
12
distributor, seller, installer, or owner can demonstrate all of the following:
AB203,3,15
13
(a) The traffic control device was designed, manufactured, distributed, and
14
installed in accordance with the applicable standards and guidelines established in
15
the traffic control devices manual.
AB203,3,18
16
(b) Any deviations from the specifications established in the traffic control
17
devices manual were expressly authorized in writing by the department or the
18
appropriate local authorities.
AB203,3,19
19
(end)
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