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Bill > SB209
WI SB209
WI SB209Limiting liability relating to traffic control devices for manufacturers and others.
summary
Introduced
04/16/2025
04/16/2025
In Committee
04/16/2025
04/16/2025
Crossed Over
Passed
Dead
Introduced Session
2025-2026 Regular Session
Bill Summary
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 LRB-2085/1 ZDW:cdc 2025 - 2026 Legislature SENATE BILL 209 damages occurred, comply with the specifications established in the traffic control devices manual or operate as intended.
AI Summary
This bill establishes legal protections for manufacturers, distributors, sellers, installers, and owners of traffic control devices (such as signs, signals, markings, and other devices used to communicate regulatory, warning, or guidance messages on highways, sidewalks, and pedestrian ways). The bill limits their liability for damages arising from these devices, provided the devices comply with specifications in the official Traffic Control Devices Manual and operate as intended. If these entities can demonstrate that the device was designed, manufactured, distributed, and installed according to established standards, and any deviations were expressly authorized in writing by the Department of Transportation or local authorities, they will receive a rebuttable presumption of compliance. The liability protection covers various types of claims including personal injury, property damage, negligence, strict liability, and breach of warranty. However, this protection can be nullified if a claimant can clearly prove that the traffic control device did not meet manual specifications or function as intended at the time of the incident. The bill aims to provide legal clarity and protection for entities involved in creating and maintaining traffic control devices, while still preserving pathways for legitimate claims in cases of significant non-compliance.
Committee Categories
Justice
Sponsors (8)
Dan Feyen (R)*,
Cory Tomczyk (R)*,
Van Wanggaard (R)*,
Robert Donovan (R),
Benjamin Franklin (R),
Dan Knodl (R),
Jerry O'Connor (R),
John Spiros (R),
Last Action
Read first time and referred to Committee on Judiciary and Public Safety (on 04/16/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://docs.legis.wisconsin.gov/2025/proposals/reg/sen/bill/sb209 |
| BillText | https://docs.legis.wisconsin.gov/document/proposaltext/2025/REG/SB209.pdf |
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