Terri Wangen, a Minor, by Her Guardian, Charles R. Wangen, Charles R. Wangen, Special Administrator of the Estate of…

Summary

The court held that punitive damages may be claimed in product-liability actions based on negligence or strict liability when the defendant's conduct is outrageous, including malicious, willful, wanton, or reckless disregard of the plaintiff's rights. It also held that punitive damages may accompany survival claims and parents' claims arising from injury to a child, but not claims under Wisconsin's wrongful-death statute. The court adopted a clear, satisfactory, and convincing evidence standard for proving outrageous conduct supporting punitive damages and described judicial controls over submission and amount. Justice Day, concurring in part and dissenting in part, would have allowed punitive damages in wrongful-death actions; Justice Coffey, joined by Justice Hansen, would have declined to extend punitive damages to product-liability claims.