Wisconsin high court gives victory to lead paint makers
Madison, Wis. (AP) — The Wisconsin Supreme Court says a Milwaukee child sickened by lead paint cannot sue manufacturers for defectively designing the product.
The 6-0 decision limits the potential liability for the makers of lead paint facing lawsuits in Wisconsin.
About 30 pending cases involving Milwaukee children who ingested paint chips are expected to go forward but the plaintiffs will not be able to make a "defective design" claim against companies, which is easier to prove.
Instead, the plaintiffs will argue the companies failed to warn consumers of a foreseeable risk and created a market for a dangerous product.
Justice Ann Walsh Bradley says the defective design claim cannot be allowed since lead is a characteristic of the product.